Legal Question in Family Law in New Jersey
Divorcing an illegal immigrant
When I married my wife 2 years ago (she also has a 11 year old son from a previous non marriage relationship in South America), I was aware that her visa had expired. I thought that by getting married in the court, her ''illegal status'' in this country would be a mute point going forward. I found out later that if immigation ever found out about her, she could still be deported. Later, I sponsored the two of them. It has been 2 years and no sign of any progress towards that end. Meanwhile we have had our share of problems in the past year and we have both threatened each other from time to time with the ''D'' word. Meanwhile I have put myself on the hot seat with both the Federal and State gov't because she does not have a legal SS# in this country.
My questions are these: If we file for divorce because of irrevecoble differences, what are my rights regarding alimony, child support, house (it'in my name), and other assets? If she threatens to take as much as she can from me, can I revoke my sponsorship for the two of them or have them deported by exposing the truth about her status in this country? Even though my wife never wanted any money from her son's real father, shouldn't he be the one to pay support for the boy?
Steve
2 Answers from Attorneys
Re: Divorcing an illegal immigrant
Your obligations in a divorce are the same whether your spouse is a legal alien or not. Your
obligation to pay alimony is VERY limited due to the brief time you have been married. You are required to pay child support for your children whom you have adopted or fathered. Property acquired during the marriage is divided fifty fifty, with the exclusion of gifts and inheritance.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: Divorcing an illegal immigrant
You need to retain an attorney immediately to advise you.
Your situation is complex due to the immigration problem. Actions you take in connection with a divorce may have undesirable consequences in connection with INS.
In general, you can file for an absolute or limited divorce in Maryland if legal grounds exist for a divorce. For example, a two-year separation can provide grounds for divorce, but you would need to consult with your lawyer about this.
Concerning property distribution, the fact that the home is in your name only on the title does not mean your wife will not be awarded a share of it. She might be deemed to have an "equitable" interest in the house, regardless of how it is titled. Child support is usually awarded according to the child support guidelines and the best interests of the child. Alimony may or may not be awarded, depending on whether there is justification for an award of alimony.
If you or your wife do file for a divorce, your wife may have legitimate claims to alimony, child support, property, etc. If so, she is allowed to pursue those claims in court. Attempting to sabotage her efforts to stay in the U.S. may be viewed as retaliatory by the judge in the divorce case and may not be the best thing you can do for your case.
Again, your best move now is to retain and consult with an attorney about your case.
I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:
(973)-605-8995
[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
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