Legal Question in Family Law in Missouri

My husband (who was born and raised in Winnipeg, Maniotba Canada) is a "Legal Resident Alien" who has been living in the States since 1996, when we got married. He has sent off all of the paperwork for him to file for US Citizenship about one month ago.

We have now been separated for approx. 6-7 weeks and looks as though it is inevitable to end in Divorce. Do I have to wait on his immigration/citizenship to be completed before I can file for divorce? If I have to wait to file, should I then consider filing for legal separation until it is completed?


Asked on 4/20/10, 9:24 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

To my knowledge there is no legal reason why you would need to wait. Hs citizen status is, after all, his problem, not yours. I am not in favor of people filing for "legal separations". If you succeed, you are still married and will have to take further legal action to obtain a Dissolution of Marriage.

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Answered on 4/25/10, 6:30 pm


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