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How do you obtain a divorce from an illegal immigrant who has been deported?


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Answered 2009-02-25 19:04:07

It depends on where you are. Most States have fault-based grounds for divorce based on imprisonment for a long duration, or abandonment. If you can prove that he's gone and not coming back, most family courts are going to grant you a divorce. However, with regard to support/division of property, you won't be able to get anything from him unless you establish personal jurisdiction over him. You should seek a lawyer's assistance, or go to the family court where you live, and ask the clerk for help filing an ex-parte divorce. The regular procedure required by the laws in the state in which the spouse wishing the divorce resides. The spouse who was deported loses all legal rights to marital property if he or she cannot be found or does not contest the divorce by obtaining legal counsel within the US to represent his or her interest in the dissolution of the marriage.

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