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When your spouse is deported how do you go about getting a divorce?

Sterling, VA |

My husband was incarcerated in May and deported in January, we have 2 children, 3 and 5, no property. The whole 2 countries thing is just not cutting it for me and I'd prefer to get a divorce as he has a 10 year ban on him. (Case was turned down by Arlington and BIA) He, as of now, does not want to get a divorce but in real life 10 years is a long time. I'd like to just gather information so as I will know, should it come to a divorce, I will know the proper procedure. In my heart this isn't what I want, I want him to come home but the great ol USA says that aint happening so.... Any advice would be very helpful and again this isn't etched in stone, I really hate to see it happen but I'm a realist, we're all human and at some point 2 kids and 10 years alone doesn't sound appealin

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Attorney answers 1


The short answer is that you can file for divorce once one year of separation has occurred and either have him served where he lives (even if out of the country) or if you cannot find or serve him, have him served with the divorce by publication (which is an order of court and a notice in the newspaper). It takes a bit of time but you can eventually be divorced. The greater question is probably whether you will be able to obtain child support from him and any custody arrangements, but you would need to speak to a lawyer in greater detail and privately about those issues.