• Divorce and Marriage Law
  • Citizenship and Marriage
  • Immigration

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

Top Answer
User Avatar
Wiki User
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.

User Avatar

Your Answer


Still have questions?

Related Questions

Can an illegal immigrant get documents after marriage with a us citizen?

Yes, an illegal immigrant, in the US can get married to an American citizen and obtain their documents

Can an illegal immigrant obtain legal residency by marrying a US citizen?


Can an illegal immigrant come to the us on a temporary basis if a us citizen ask for it?

If they obtain a visa, they are not illegal.

What part of Georgia can a illegal immigrant get a drivers license?

In Georgia, illegal immigrants are not permitted to obtain drivers' licenses.

Can an illegal immigrant obtain a reverse mortgage?

i am a mortgage broker, i do not believe an illegal alien can obtain a mortgage at all. That is one of the questions on the "respa" documents in all mortgage applications. You are not a good risk for a bank; at any time you can be deported. * For the person to obtain a reverse mortage they would need to be a homeowner with equity. Therefore, it would seem logical that they should speak with their current mortgage lender.

Is it illegal for a US citizen to marry an immigrant for money?

Yes, it is illegal to marry for money to allow someone to obtain citizenship status.

Can a illegal immigrant obtain a green card through marriage?

yes, ex. the movie 'The Proposal'

Can an illegal immigrant who has a child born in the US obtain a working permit even though they are not married?

No, they cannot.

What are your divorce rights if your husband had a child while in an affair?

You have the right to obtain a divorce.You have the right to obtain a divorce.You have the right to obtain a divorce.You have the right to obtain a divorce.

Can an illegal immigrant obtain a green card if he or she enters the military?

I doubt an illegal alien could even join the military, let alone get a green card. A illegal immigrant could not become a member of the US military, nor can an illegal immigrant obtain legal status under the current immigration laws. All foreign nationals who are unlawfully present within the US are subject to deportation when taken into custody by immigration authorities. Exceptions are made in individual cases, if the immigrant qualifies as an asylee or refugee.

How does a married immigrant get divorced and marry someone else?

An immigrant gets divorced and remarried in the same manner that anyone does: by filing a divorce in the appropriate Court and following the Court process to obtain a decree of divorce, and then by having the marriage performed by someone authorized to do so.

In Canada is a divorce considered illegal if a spouse filing for divorce gives false information in order to obtain the divorce?

How do I find hidden money my spouse put in a annuity or trust?

Do you need to obtain a divorce for a common law marriage before you can remarry in the US?

Yes or that is polygamy and is illegal

How does an illegal status woman obtain a divorce from her illegal status husband in the US even though they were married in Guatemala?

She can't if she wants to stay in this country.

Can an illegal immigrant obtain a green card if they have children born in us?

No, not by merely having a child born in the U.S. However, when the child turns 21, the child may file a petition for their parent. But before that, the parent always run the risk of being arrested and deported, even if they have U.S. citizen children.

Can an illegal immigrant obtain a GED?

can i get g.e.d i'm illegal alien and i am 24 years old i need my school if can help me find and i'm not u.s citizen i dont have socila security

If an illegal alien was deported but wasnt convicted can they come back in the us?

If he was "deported" that term alone implies that he was legally denied access to the US. If he wants to visit he can try to obtain a US visa to enter the country, but it may not be granted.

If an illegal alien married a citizen to obtain legal status and 7 years later wants a divorce can his status be revoked and he deported?

I am not expert, but i believe that most immigrants (if not all of them) who married a US citizen and, because of that, got a greencard do (yes) get to keep their green card. So ladies (and gentleman) be sure that your immigrant fiance/ee marries you out of love, and not that "card." >>>>The immigrant gets to keep the green card, but cannot apply for citizenship, unless the US citizen was abusive towards the immigrant. The USCIS, however, is very discretionary in these cases and it ultimately depends on the Hearing Officer and how you present the reasons for your divorce and they determine if the marriage was not fraudulent. My advice is that you get divorced after you receive your citizenship, provided the marriage was not fraudulent, becasue if the marriage was a fraud, they can still revoke your citizenship.

If you married an illegal immigrant and have been separated for 18 years are you considered legally divorced.?

You are still legally married. In fact, you are just separated. However, considering the length of the separation, if you wish to obtain a divorce, a judge will certainly grant it based on the duration of the separation. Good luck!

How can your illegal boyfriend obtain divorce papers from his ex wife in China if she won't give them to him?

smack him and tell him to sign them papers

If a US citizen is married to an illegal immigrant and they have two US born children can she obtain legal status or is she subject to deportation and would the children affect the decision?

If your already married she's already legal! * An immigrant legal or illegal does not become a US citizen by marrying a US citizen. The female immigrant who is in the US illegal can still be deported under US immigration laws. The issue of her being married to a citizen and having children may or may not be to her advantage. If she is taken into custody she will be given the chance to appeal any deportation issues, but there can be no guarantee of the outcome. The best option is for her to consult an attorney who is knowledgeable in immigration law before taking any other action.

Can you apply or qualify fo your permanent resident after an immagration judge ordered removal and deported from the US?

If there is illegal entry- only on the basis of marriage to a U.S. citizen AND you are granted a waiver for the deportation. The waiver is not easy to obtain, and those that were deported merely for illegal presence have a better chance that those who were deported with criminal records. Moreover, if it is a serious crime such as robbery, rape, murder, fraud- then a waiver would be impossibly difficult to get.

Can two illegal aliens married in the US obtain a divorce in the US?

The court has no jurisdiction ...I recomend you go to your embasy and try doing it there...

How can you get free divorce forms?

You need to obtain your forms from the court where you will file the complaint for divorce.You need to obtain your forms from the court where you will file the complaint for divorce.You need to obtain your forms from the court where you will file the complaint for divorce.You need to obtain your forms from the court where you will file the complaint for divorce.

Can a person who has been an illegal immigrant for more than ten years obtain a legal work permit without the required paper work?

Simply stated, No.