Can I file for divorce while deployed?

Can I file for divorce while deployed?

On Behalf of | May 22, 2025 | Military Divorce |

Filing for divorce while deployed may sound impossible, but it can be done. Military service doesn’t stop you from taking legal steps, even from overseas. You just need to understand how the process works and what tools are available to help.

Deployment doesn’t prevent legal action

You can file for divorce during deployment, but it depends on your state of residence and where your spouse lives. In Hawai‘i, either you or your spouse must meet the residency requirement, which usually means living in the state for at least six months. If that’s covered, you can file.

Technology helps service members file remotely

Thanks to digital tools, you don’t need to appear in person. You can file through a lawyer in Hawai‘i, sign documents electronically, and even attend hearings virtually. Courts understand the demands of military service, and many allow remote participation when you’re stationed far from home.

You can protect your rights under federal law

The Servicemembers Civil Relief Act (SCRA) exists to prevent legal action from moving forward without your knowledge. If you’re deployed and unable to respond right away, SCRA can pause divorce proceedings until you return. This helps ensure you don’t miss deadlines or lose out on fair treatment.

Stay informed and prepare

Before filing, gather documents like your marriage certificate, financial records, and any parenting agreements. Know your benefits, such as healthcare or housing allowances, that may change after divorce. Make sure you communicate with your spouse if possible to avoid unnecessary delays or conflict.

Filing while deployed is possible, but you need to plan carefully. Understand your rights, stay connected with legal resources, and make sure your home state requirements are met. When done correctly, the process can move forward—even from across the world.

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