QUESTION
Can I divorce an illegal immigrant and request alimony? How?
Asked on May 20th, 2015 on Divorce - Florida
More details to this question:
I married my husband who is an illegal immigrant. It has become very clear that he only married me to become a US citizen. Can I divorce him and request alimony?
9 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You can but if he is working illegally and gets deported your judgment will be empty.
Answered on May 21st, 2015 at 6:42 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You can, but it will be up to a judge to determine whether you are entitled to alimony or spousal support as it is called in California. However, even if you are awarded spousal support, your husband may not be able to pay it if he is here illegally and cannot find work.
Answered on May 21st, 2015 at 5:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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There is no law known to me which protects an undocumented immigrant from being subject to an award of maintenance (= alimony). Whether you can actually collect it from him is another story. Retain an experienced family law attorney to advise and represent you.
Answered on May 20th, 2015 at 4:40 PM
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You can try, but enforcement is unlikely if he is undocumented. Alimony requires proof of very specific things such as length of marriage, difference in earning potential, equalization of property, etc. If you paid monies to assist him in obtaining his citizenship, that may be something you could request reimbursement for, but not likely to be alimony. You really should visit with an experienced local family law attorney who can confidentially discuss the specifics of your situation with you .
Answered on May 20th, 2015 at 4:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Certainly, you can divorce him and you can request alimony. Whether natural receive it is a different matter and will be determined by all of the circumstances. You'll most probably need to confer with a family practitioner as well as an immigration lawyer. If it is determined that the marriage was a sham in order to gain citizenship that will have a very adverse effect on his ability to stay within the country.
Answered on May 20th, 2015 at 3:25 PM
The short answer to your question is: yes, you may divorce your husband and seek to recovery alimony, notwithstanding that your husband is not in valid immigration status. The longer answer to your question is that if he were to be placed in removal (deportation) proceedings and forced to leave the country, it may be difficult or impossible to collect any court-awarded alimony. It would be wise to consult with a local domestic relations/divorce attorney who, after learning all of the relevant information about you, your husband and your marriage, could advise you about eligibility to seek alimony as well as advise you about other rights and obligations associated with a divorce.
Answered on May 20th, 2015 at 3:21 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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The divorce court doesn't generally concern itself with immigration status. The divorce is a normal divorce. If he is earning more than you, then the court may order spousal support.
Answered on May 20th, 2015 at 3:01 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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One has nothing to do with the other. You can request alimony in WA if you have a need and he has the ability to pay. His legal status in the US in not before the family court.
Answered on May 20th, 2015 at 3:01 PM
Yes, you can divorce your spouse regardless of your spouses citizenship or lack thereof. Yes, alimony is an item that can be negotiated or requested during the divorce process. Alimony and the number of years of alimony payments, however, will depend upon whether or not the marriage is short term, medium term or long term.
Answered on May 20th, 2015 at 2:50 PM