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Illegal is breaking the law so why come out of hiding? In order to collect what you feel is yours then you'd have to appear in court. They would not be illegal, if they were married! All persons located on US territory have the same rights as any actual citizen. If you came to the US ONLY, for example, to finalize a divorce, you'd have a tourist visa, or business visa [do those exist?], anyway, a valid reason to enter the US short-term. You could probably even have a lawyer represent you [even legal aid assistance], as if you were unavoidably detained in your home country. There is probably no reason to appear in court! The law pertaining to responsibilities in settlements does not depend upon whether or not the partner was a criminal, such as a shoplifter in jail. They would probably have the same rights as any other spouse, but might be hesitant about claiming them.

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Q: Does an illegal alien have the same rights as a US citizen when dividing up assets in a divorce?
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