(Photo credit: Judy Stubblefield)

Divorcing an Illegal Immigrant

Illegal immigration is one of the most complicated political issues of our time, raising tempers and starting debates like few topics can. When illegal immigration becomes a factor in a divorce case, the potential stressfulness of the case can increase substantially. It is possible to get a divorce regardless of the immigration status of the spouses, but many couples are concerned about interacting with the government for fear of deportation.

In addition to its symbolic value, a marriage is a legal contract between two people. Even if one or both of them are illegal immigrants, this contract can be dissolved by the court. It is not necessary to be a citizen to be granted a divorce by a United States court. It is possible for someone’s particular divorce circumstances to draw the attention of immigration officials, but in many cases it is not necessary to prove your legal status to file for divorce.

The above case assumes one or both spouses are already in the country illegally, but there are also cases where a spouse is only living in the United States legally because of the other spouse’s citizenship. When couples such as these get a divorce, it is possible for the immigrant spouse to lose their legal residency. If one spouse’s immigration status depends on the marriage, a divorce requires leaving the country, staying illegally and risking deportation, or filing to change your status.

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No matter how complex your divorce case may be, the experienced Oceanside divorce lawyers of Fischer & Van Thiel, LLP can help you. Between them are decades of courtroom experience with clients of all backgrounds. Contact us today at 760-722-7646

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