To file for divorce in Nevada one spouse must be a Nevada resident. If the active-duty spouse is not the spouse filing for divorce, then the active-duty spouse must be personally served with the summons and a copy of the divorce action.  In an uncontested divorce, the active-duty spouse may not have to be personally served as long as he or she signs the divorce paperwork and an affidavit acknowledging the divorce.

The notion of a marital share for military benefits will normally come into a military divorce case when the marriage does not last for the full term of a military member’s career.

Facts about the marital share:

  • Marital share represents a percentage of how much the non-military spouse may be entitled to when it comes to military benefits
  • The marital share begins on the date of marriage or a spouse’s entrance into the military if the spouse entered into the military after marriage
  • For longer marriages of ten years or more, at least ten years of marriage overlapping at least ten years of military service is needed for the non-military spouse to receive direct payment from the retirement pay center, usually the Defense Finance and Accounting Service (DFAS).

How to proceed with a military divorce if one spouse cannot be located:

Nevada requires the filing party to make reasonable efforts to locate the spouse. This starts with attempted personal service on the other spouse and if personal service is not complete then the additional attempts and proof of the attempts to locate and serve the other spouse are needed. The attempts to locate and serve the other spouse are memorialized in an Affidavit of Due Diligence. If the location of the spouse is still unknown following this process, then the court will allow the service to be completed with publication.


If you or your spouse have decided to move ahead with a divorce, having a knowledgeable attorney on your side can make the process much smoother. Jacovino Law is ready to assist with any questions you might have concerning military benefits and your divorce. We will guide you through the process and work to help you achieve your objectives and reach an outcome that is in your best interests. Contact us at (702) 776-7179 or schedule a consultation online at