A military divorce has distinct issues that combine state and federal law, and you want to ensure that your rights are protected. If you are a military service member going through a divorce, chances are that your former spouse will demand part of your military retirement. Reno military divorce attorney, Gloria Petroni, understands the special circumstances of military families and the overall divorce procedures. The Petroni Law Group will treat you and your family with the respect and dignity you deserve while ensuring your interests are protected. There are several military bases in Nevada such as the Fallon Naval Air Station, Nellis Air Force Base, Tonopah Air Force Base and Indian Springs Air Force Auxiliary Field. The Las Vegas Air Force Station and the Winnemucca Air Force Station also serves our nation.
Divorce cases involving military personnel present unique challenges which often require the assistance of a military divorce lawyer. There are some distinct differences between a civilian divorce and a military divorce. Among them are four that include:
- compliance with military rules and regulations;
- the receipt of service of process upon an active duty spouse;
- the domicile or residence requirements for filing;
- the division of the military pension, which is called retired pay.
Divorces by military personnel are controlled by federal and state law as are military pensions and sometimes emergency child support. The military does not grant divorces; state courts grant divorces to persons who are in the military. Service of process and the establishment of residency requirements follow different routes than they do in divorce in civilian life.
Nevada has special statutes governing personal jurisdiction and subject matter jurisdiction in a divorce case. It is important that you hire an attorney that is familiar with this law. You do not way to pay your attorney to learn it. And, you cannot afford for your attorney to file in the wrong jurisdiction.
As in all dissolutions of marriage in Nevada, property division in a military divorce is based on the equitable distribution of marital assets. Unfortunately, cases are not so easily decided when couples have been separated for an extended period of time, face a disability, or have complex estates or debts. Military divorces may also include the matter of military retirement benefits, which is governed both by state law and the Uniformed Services Former Spouses’ Protection Act. Reno military divorce attorney Gloria Petroni will evaluate your estate and determine whether and how retirement benefits will be allocated. She will ensure that you are awarded the property you are entitled to receive.
As a Reno divorce lawyer, Gloria Petroni is familiar with The Uniformed Services Former Spouses’ Protection Act (USFSPA). USFSPA expressly states that “disposable retired pay” received as non-disability military retirement and earned during marriage is community property subject to division on divorce. The USFSPA states: direct payment of retired pay may be made to a former spouse from the military pay centers if there is a court order or a property settlement that has been ordered, ratified or approved by the court; and if the final order specifically provides that payment is to be made from disposable retired pay for one of the following:
- Child support
- Division of retired pay as property-if the former spouse was married to the member for 10 years or more, during which the member performed 10 years or more of creditable service and the order expresses payments in dollars or a percentage of the member’s disposable retired pay.
Direct payments will terminate upon the earliest of three events:
- the terms of the court are satisfied;
- death of the retired service member; or
- death of the former spouse.
Contact the Petroni Law Group to speak directly with an experienced Reno military divorce attorney who is an experienced advocate in military divorce in Nevada, regarding the details of your case. Attorney Petroni is aggressive when necessary and will help fight for your rights. Call us today at 775-420-4221 for an initial legal consultation.