If I’m married to a illegal immigrant, do I still have to file for divorce?

He is a illegal immigrant from Tonga and we were married in the U/S. 19 years ago. We now

have 3 kids and I need to get a divorce.

Asked on October 16, 2017 under Family Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you do: his citizenship, residency, or immigration status has nothing to do with your and his marital status, and the fact that he is an illegal immigrant in no way invalidates your marriage. Immigration and citizenship are wholly separate issues from marriage. Since the marriage is valid, you need a divorce to dissolve it.

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