Is a U.S. marriage valid after i of the spouse’s is deportated?

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Is a U.S. marriage valid after i of the spouse’s is deportated?

I got married in 2004 to a U.S. citizen in CA. In 2006 I was deported from the U.S. and I have not seen or heard from my wife in 4 years. I am unable to get a divorce. I would like to get married now in my country. What are my options?

Asked on October 11, 2010 under Family Law, California

Answers:

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

Answered 10 years ago | Contributor

Why are you unable to get a divorce?  Have you tried?  Unless you obtain a legal divorce or annulment you are out of luck on the remarriage.  Deporting someone effects the right of a person as to their status here.  It does not effect the legal status of the marriage as it was entered in to legally in California, correct? The United States recognizes the validity of marriages and divorces from other countries here in the United States.  I would speak with an attorney in your country as to obtaining a divorce there and what you need to do to file it here in the United States. Notice to your wife will be key from an American perspective.  Good luck..  


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