QUESTION
Can an illegal immigrant divorce a U.S. citizen without spousal maintenance?
Asked on May 27th, 2015 on Divorce - Washington
More details to this question:
Illegal immigrant has been working to maintain the U.S. citizen who can't work and her family. Plus he has not received a green card. They've been married for over 10 years. He has been deported.
5 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Any spouse can divorce the other. Spousal maintenance is a question of one party's need and the other's ability to pay. If the person who was deported is being asked to pay maintenance, that is not going to happen as there is no way to enforce it.
Answered on Jun 23rd, 2015 at 3:05 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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That would depend.
Answered on Jun 23rd, 2015 at 3:05 PM
It is a Family law question. There are many issues here including a potential affidavit of support.
Answered on Jun 23rd, 2015 at 3:05 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You really must consult a lawyer knowledgeable in both immigration law and criminal law. I am immigration is a bitch of a specialty, and the rest of us leave such questions to them. They are the experts.
Answered on Jun 23rd, 2015 at 3:05 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes you can divorce him or her in your own country. you will probably not be asked to pay spousal support there and how will they enforce it if you have been deported and they cannot attach your pay?
Answered on Jun 23rd, 2015 at 3:05 PM