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Military Divorce Protecting What Matters Most
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Las Vegas Military Divorce Attorneys

Handling Legal Challenges Unique to Service Members in Henderson & Beyond

No divorce is easy, but a military divorce can be especially challenging, partly due to unique legal and logistical considerations compared to a civilian divorce. If you or your spouse serves in any military branch and is going through a divorce, you need a law firm that understands the unique aspects of military divorce cases and the peculiarities of military life.

Smith Legal Group can assist you in navigating the rules and requirements for a military divorce in Nevada. Our military divorce lawyers in Las Vegas have aided service members in the Nellis Air Force Base community and beyond, resolving matters such as child custody, spousal support, property division, military benefits, and more.

Call (702) 919-5956 or contact us online to speak to a member of our team about your unique situation.

What to Know Before Filing for a Military Divorce in Nevada

Given the complexities of military divorce, you should consult with a divorce lawyer about the following requirements and issues before you decide to proceed.

  • Residency Requirements: Both spouses must meet Nevada’s residency requirements before filing for divorce. Typically, one spouse must have lived in Nevada for at least six weeks before filing.
  • Jurisdictional Issues: Military divorces can be complex due to potential deployment or residency in different states or countries. Understanding jurisdictional issues is crucial to ensure the divorce can proceed in Nevada.
  • Military Benefits and Property Division: Military pensions, healthcare benefits, and other assets may be subject to division during the divorce process. Understanding the implications of military benefits and how they are divided under Nevada law is essential.
  • He Really Cares
    “I can’t recommend Kurt Smith enough! He made the whole process smooth and stress-free. Super knowledgeable, professional, and easy to talk to. You can tell he really cares about helping people.”
    - Brianna G.
  • Kind and Compassionate
    “I can’t say enough about the kindness and professionalism at Smith Legal. The team treated me with such compassion, guided me through every step with patience, and made a difficult time much easier.”
    - Holly D.
  • Professional and Prompt
    “My family and I are repeat clients of Smith Legal Group. All our questions and concerns were met with professional and prompt responses. Truly your case will be considered top importance as with all of their cases.”
    - Brooke B.
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Protecting Federal Disability Benefits

Military members who retire with a service-connected disability are entitled to disability benefits from the Department of Veterans Affairs (VA). These benefits are non-taxable and cannot be directly divided as property in a divorce. However, these benefits may be considered when calculating the amount of disposable retired pay available for distribution to a former spouse. The service member may also elect to waive a portion of their disposable retired pay in exchange for an offset in the amount of their VA disability compensation. This offset would reduce the disposable retired pay subject to distribution to the former spouse and protect the service member’s disability benefits.

Impact On Military Housing

When a couple living together on a military base divorces, several potential scenarios may unfold, such as:

  • The military spouse may be directed to the barracks while the other stays in the marital home.
  • The military member cannot force out their non-military spouse.
  • Non-military residents in base housing without a military member must leave and find off-base housing at their own cost within a set time, typically around 30 days

Being aware of these outcomes can help you make important decisions about housing during and after the divorce. This is why it’s advisable to seek guidance from legal and housing professionals familiar with military regulations and procedures.

Get started by scheduling a free initial consultation online or calling us at (702) 919-5956 today.

  • Trial-Ready When It Matters Most

    While we work toward practical resolutions whenever possible, we are fully prepared to fight in court when your children, finances, or future is on the line.

  • Trusted in High-Stakes Cases

    With thousands of family law matters handled across Nevada, we combine local court knowledge, strategic urgency, and personalized guidance to help you.

  • Built Around Real Client Support

    From free consultations and flexible payment plans to after-hours appointments, we prioritize accessibility, responsiveness, and making you feel heard during difficult transitions.

  • Family Law Is All We Do

    We handle only family law matters, giving you the advantage of a team deeply experienced in divorce, custody, support, adoption, and other complex family disputes.

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