Both state and federal law can impact the details of a military divorce, so you want to make sure your rights are secured. Many spouses of service members will demand part of their military retirement when they are divorced. As a military divorce attorney, Gloria Petroni understands the unique aspects of military families and the special 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.
The service of a military divorce lawyer is often needed to navigate the difficulties presented in military divorces. Some of the unique differences between a civilian and military divorces are:
- Following military rules and regulations;
- Providing receipt of service of process regarding an active duty spouse;
- Complying with domicile or residence requirements for filing;
- Allocating the military pension, or retirement.
Military personnel divorces are controlled by federal and state law, including the related elements of military pensions and emergency child support. The divorces of military personnel are authorized by state courts, not the military. However, requirements such as the service of process and the establishment of residency are processed differently than they are with civilians.
There are personal jurisdiction and subject matter jurisdiction statutes unique to Nevada when it comes to divorce cases. Don’t pay for an attorney to learn this law — hire one who knows it. Filing in the wrong jurisdiction is a costly error.
Property division in a military divorce, like in all Nevada divorces, is based on the equitable distribution of marital assets. If couples have been separated for a long time, experience some kind of disability, or possess complicated debts or estates, the division of property may be more involved. Divorces of military personnel may also address an individual’s military retirement benefits. These are governed by the Uniformed Services Former Spouses’ Protection Act as well as state law. Gloria Petroni, a military divorce attorney, will assess your case individually to determine whether retirement benefits will be divided, and if so, how they will be allocated. Attorney Petroni will make certain you receive the share of property to which you are entitled.
As a Reno divorce lawyer, Gloria Petroni works with The Uniformed Services Former Spouses’ Protection Act (USFSPA). This act addresses “disposable retired pay,” or non-disability military retirement. If such pay is received during marriage, then it is considered community property, and it will be subject to division in case of a divorce. According to the USFSPA, direct receipt of retirement 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;
- The death of the retired service member; or
- The death of the former spouse.
Contact the Petroni Law Group to speak with an experienced attorney of military divorce in Nevada about the details of your case. Gloria Petroni will guide you through any complications and help secure your rights, aggressively if necessary. Schedule your initial legal consultation today — call us at 775-420-4221.