Illegal immigrant divorcing US citizen? Is a divorce really necessary?

Asked over 1 year ago - San Diego, CA

I'm an illegal immigrant, entered the US unlawfully at the age of 6, and divorcing my husband of 2 years. We got married because I got pregnant. He is also in the military. Do we really have to go to court for a divorce? Is our marriage legal since I'm not? I have not taken any steps to get any kind of citizenship visa's. What should I do? Divorce attorney is very expensive and ex-husband does not have to pay for me.

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . The validity of a marriage does not depend on immigration status. So, yes, a divorce is necessary.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Irene Vaisman

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . you are legally married and yes you do need a legal divorce if you do not wish to stay in your marriage. You immigration status has nothing to do with the legality of your marriage

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

    Contributor Level 13

    4

    Lawyers agree

    1

    Answered . Your marriage is legal regardless of your immigration status. It's up for you to decide if getting a divorce is worth the money for you, and you'd be better off speaking with a family law attorney about the consequences of staying married. Many cities have non-profit legal clinics that help with divorces for free or low-cost.

    The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney... more
  4. Ibraheim Nidal Shalabi

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . Agreed with everyone else. You need to get an actual divorce as your immigration status has no bearing on your marriage. Get an attorney and get a divorce. He needs it as well if he ever wants to remarry so he'll need an attorney regardless. Make it an easy divorce with no disputes and one attorney can do it for you both.

    Good luck.

Related Topics

Divorce

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

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