Home > Research Legal Advice > Immigration > Illegal immigrant divorcing US citizen? Is a divorce really necessary?
Asked 4 months ago - San Diego, CA
FlagI'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.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionaryYour 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.
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.