If you marry a someone that entered the country illegally andwas thendeported back to their country, howdo youdissolve the marriage?

Get Legal Help Today

 Secured with SHA-256 Encryption

If you marry a someone that entered the country illegally andwas thendeported back to their country, howdo youdissolve the marriage?

Asked on August 12, 2010 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Is the divorce amicable and uncontested or is your spouse ging to contest the divorce?  Do you know where your spouse is now?  The key to your divorce is notice to your spouse of the legal proceedings filed against them.  The Court must have the power to decide a case against the parties to the proceeding.  This is known as "jurisdiction."  The court obtains it in the first instance by filing in the correct court and through the plaintiff - that would be you.  Each state has a residency requirement for bringing an action for divorce.  You must meet it to file along with proper grounds for divorce.  You must also serve the other party with a copy of the divorce papers. Many states allow the defendant - your spouse - to file an affidavit if they do not intend to appear and answer the petition filed or to "waive service" allowing the court to proceed.  Seek legal consultation from an attorney in your area as to your particular set of facts.  Good luck.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption