This is the next post in my series discussing how a Las Vegas spouse may file and obtain a divorce when their partner is not currently in the state. My last post explained how one can file for a divorce when a partner is overseas. In this post I will be explaining what a military spouse needs to know about filing for divorce if their partner is currently deployed. It is important to note that my previous article does not apply when a spouse is away and on active duty.
The biggest difference in obtaining a divorce from a military spouse on active duty, and a normal civilian, is that military members are protected by the Service Members Civil Relief Act (SCRA). This federal law automatically postpones any civil litigation filed against a military man or woman who is currently deployed for ninety days. If one’s spouse is deployed longer than that then they have the option of asking the Nevada Judge for an extension. While the civil litigation is delayed divorce and child custody proceedings will be stalled.
If there is an emergency situation in which action must be taken then temporary measures can be requested by either party. For example the military spouse may ask that certain bank accounts be frozen or request that a child not be taken outside of Nevada in his absence. Likewise, the civilian spouse may request temporary permission to relocate outside of Las Vegas if they have a job opportunity or wish to be closer to family. However, if the status quo is currently working- that is, the children live with the civilian parent in the family home- the Court will likely see no reason to make any changes until the military spouse returns home.
For a civilian spouse there are pros and cons to filing for divorce while a military spouse is away on active duty. One may wish to talk to their divorce attorney about their time and why they do not want to wait until their spouse returns. If there are issues of domestic violence of substance abuse in your marriage, it is important to disclose these considerations to your lawyer. If you are a civilian and wish to file for divorce, contact our Las Vegas family law office today.
