Divorce & Custody Blog

Child Support in a Military Divorce

October 11, 2019

In any divorce, the issue of child support can be very contentious, but when one or both spouses is in the military, there are a number of special challenges that can come into play. This is because, unlike civilians, the military branches largely consider financially supporting their dependents is part of a servicemember’s solemn duty,…
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Child Custody in a Military Divorce

October 11, 2019

Following a divorce, sharing parenting responsibilities can be quite challenging for just about anyone. However, as far as military servicemembers are concerned, the issues can be even more complicated, based in part on both stateside assignments, which can put the servicemember anywhere in the country at a moment’s notice, as well as uncertainty regarding future…
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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 a divorce proceeding, each spouse’s separate property is awarded to them. 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. When this happens community labor or community funds may be used to…
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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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Do You Know Your Divorce Rights?

May 7, 2019

Americans have more rights than any other people in the history of the world.  Born under a Constitution which included a “Bill of Rights” we know our “unalienable” rights and demand them anytime we need them.    We know we have the right to remain silent, the right to free speech, and the right to express…
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My Ex-Husband Just Won the Lotto! Am I Entitled to Half?

April 2, 2019

Eileen and Mike Weirsky were married for 15 years.   Six months ago, Eileen and Mike were divorced.   One month ago, Mike won $273 million playing the lottery.  This really just happened in New Jersey.  See Huffington Post Story; Ex-Husband wins Lottery. The question we were asked, is whether Eileen would be entitled to half of…
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Divorced and Didn’t Know It

February 18, 2019

Jake Hackenburg has been separated from his wife Sally Hackenburg for one year.  They are not legally separated just living in different homes.   They have been married for almost twelve years.  They don’t have any minor children.   He just recently found out, Sally filed for the divorce, and got a default divorce, without Jake being…
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