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

Asked over 1 year ago - 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. Jeffrey Jose Estrella

    Contributor Level 13


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . 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.

    Hire a lawyer to protect your legal rights.
    Jeffrey J. Estrella, Esq.
    Licensed Attorney and Counsellor At Law/Abogado y Licensiado
    Licensed in New York, New Jersey, and Connecticut
    The Estrella Law Firm, P.C.
    75-20 Astoria Boulevard, Suite 170
    Inside The Bulova Corporate Center
    Jackson Heights, NY 11370
    T. (347) 628-2391
    F. (718) 672-4728

    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20... more
  2. Irene Vaisman

    Contributor Level 20


    Lawyers agree


    Answered . 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. Stephen Scott Pearcy

    Contributor Level 12


    Lawyers agree


    Answered . 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

  4. Charles K. Kenyon Jr.


    Contributor Level 19


    Lawyers agree


    Answered . 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... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Divorcing When One Spouse is in Prison

Divorcing while a spouse is incarcerated alters several steps, with waiting periods and legal representation all affected by the process.

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