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In the u.s. can a non-citizen contest a divorce from a u.s. citizen?

Asked over 2 years ago - Austin, TX

Husband is from england. Been married for 5 years. He has been in the u.s. only 5 years. I want a divorce and am wondering if he can in any way tell me he WONT give me a divorce. What rights (as a non-citizen of the u.s) does he have in diivorce proceedings?

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I know anyone can divorce anybody in any state... I`m wanting to know if it is easier and/or faster to get a divorce because he`s not a citizen? Like, would I have to go through the whole 9 yards getting a lawyer and drawing up all the same papers as two fully legal people do? Basically, can he draw the divorce out for a long time just because he has a lot of money? Can I get it over with easier because he is NOT a u.s citizen? Or might I have to do it as if he was a citizen that`s lived here all his life?... He don`t want a divorce, so I`m wondering if I have more leverage than he does in this matter? ~Thank you~

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Patricia Faye Bushman

Reputation Level 15

Answered over 2 years ago. Family Law Attorney in Houston, TX.

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As far as divorce, Texas is a "no fault" state, so if one of the parties wants a divorce he or she can get it. The other party can try to slow things down, but they cannot keep you from getting a divorce. There is no "giving" you a divorce here.

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