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How can i get a divorce from husband that got deported to romania after serving 1 year in prison?

Sacramento, CA |

I live in Sacramento California and have been legally been married for 4 years. My husband who i have tried to leave numerous times due to Domestic violence got 2 felonies and was sentenced to 1 year in prison. After he did his time, he was sent to ICE prison where he had a immigration hold to get deported back to his place of birth country in Romania, Europe. He was not a citizen. I want to file a divorce from this man as soon as possible. i am in fear of my life due to the fact that he states to me in threatening emails that he can come back in one year. I am scared and frustrated and dont know where to began. I really appreciate any advise that i can get. thank you for your time and God Bless You.

Attorney Answers 4


  1. Best answer

    What is your immigration status? It may affect the type of relief you can apply for to gain citizenship eventually. As for the divorce, there is no fault divorce throughout the country and if it is believed to be uncontested it is a usually straight foreward process. You just need to make sure he is served properly being overseas. Hire a California lawyer to file the divorce petition where you live.

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  2. sounds like you need to speak to a divorce attorney. also, he can't come back in one year after being deported, or not legally at least

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.


  3. You can get a divorce. He needs to be served with the papers.

    Note, you can also, as a separate matter, request a domestic violence injunction / restraining order.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  4. The short answer is that you should probably get a restraining order and then file a petition for dissolution to start the process.

    STEPHEN S. PEARCY , Attorney at Law
    2732 Marty Way
    Sacramento, California 95818
    (916) 444-3090

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