Mr. & Mrs. Schwartz

Military Divorce – Retirement & Benefits

August 18, 2019

When it comes to dividing up marital assets in a divorce, everyone should be aware that, while civil courts have the right to divide the asset, special rules apply to military benefits, especially pensions. That includes any retirement account, including pensions. If you contributed to the account during the marriage, it is considered community property…
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Jurisdiction of a Military Divorce

August 2, 2019

When a married couple wants to divorce and one or both spouses is a military service member, the first step in the divorce process is to establish which state and which courts have the jurisdiction, which is the authority to grant the divorce and handle other issues related to a divorce. That is because all…
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Military Divorce & Civil Relief Act

August 2, 2019

Divorces involving active military have the potential to add another layer of complexity to the divorce process.  Normally divorce is handled by Nevada law.  But, the Service Members’ Civil Relief Act (SCRA) is a Federal Law that protects military members. The law was passed by Congress as a way to cut down on distractions for…
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Valuing a Business in a Divorce

June 15, 2019

During divorce proceeding in Nevada, each spouse’s separate property is confirmed to belong to them and them alone. Property that is determined to be community property is divided evenly between both spouses. That said, it is not uncommon for a spouse to bring a separate property business into the marriage, at which point community labor…
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What if a Divorce Decree Omits Assets?

May 20, 2019

The rules of divorce court requires both spouses to fully disclose their assets and debts.   This way the court can distribute all the assets evenly, and divide all the debts.   If there are missing assets or debts then the court order is incomplete.  Courts do not like incomplete divorce orders because it leaves loose ends…
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