Can an illegal mexican immigrant divorce in the us?

I have a friend who is dating a guy now
for 2 years who is an illegal immigrant
from Mexico who is also married in
Mexico. She always tells me that he
sais he is going to divorce her but
that he would have to travel to Mexico
to do so which it would make it
extremely hard for him to return. Is it
possible for him to remain in the
country and divorce her in the us
without him having to travel. Oh and he
has 3 kids with his wife.

Asked on September 25, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no requirement in Texas that you marry in Texas in order to get a divorce in Texas.  Many people marry in other states or countries, but file and obtain divorces in Texas.  There is also no requirement that someone has to be a U.S. citizen in order to file here.  The only requirement is that the person filing in Texas live in Texas for six months and in the county in which they are filing for 90 days.  The 6 months or 90 days doesn't have to be non-stop.  This means that someone can leave on a vacation, come back, and still meeting their residency requirement.  As long as he pays his filing fee in the proper county, your friend's boyfriend can file for divorce here in the states.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.