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

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.

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Attorney answers 4


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.


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 relationship is created through this information. Please consult an attorney prior to making legal decisions.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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.