You can get a divorce during your military deployment. Under certain circumstances, it is possible. Our firm has represented numerous military members on active duty who are deployed to various locations worldwide. The first step is establishing a line of communication with our clients, typically through email. As long as clients can maintain communication with us, we can keep them informed about their case and guide them through the process of finalizing a divorce. In Family Court, the type of case determines whether the court allows it to become final when a military member is unable to be present. When representing a military client, I often file a motion with the court requesting that a military service member be permitted to appear by telephone for a court hearing. This enables the divorce case to be finalized even during deployment. Another way to finalize a divorce while on deployment is when both parties have lawyers and there are children involved. The parties can enter into agreements, even if one is in a foreign land. Both lawyers ensure that their clients sign the separation agreement, parenting plan, and an affidavit of non-appearance. These documents, along with a decree of dissolution of marriage, can be filed with the court. It is crucial to fully understand the agreements and what the court will do before the court issues the decree. However, in some cases, it may not be possible for the court to enter a decree of dissolution of marriage when the military member is unavailable. This usually occurs under the Soldiers and Sailors Civil Relief Act, which prohibits the other party from taking action before a judge if the military member is on overseas deployment duties and objects to such action. This is why it is highly recommended to have appropriate legal counsel that will represent...
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