UNDOCUMENTED IMMIGRANTS IN FLORIDA DIVORCES
In Florida, a person’s immigration status, including being undocumented, does not prevent him or her from filing for or obtaining a divorce provided at least one of the parties have been a resident of the state of Florida for 6 months prior to filing the case. Citizenship is not a factor; however, service of process can be difficult if the non-citizen spouse has left the United States. International process rules would apply to service.
There is also a concern about the potential impact on the non-citizen spouse’s immigration status. Divorce proceedings are typically separate from federal immigration enforcement, and Florida divorce courts are not required to contact U.S. Immigration and Customs Enforcement (ICE) regarding a party’s citizenship status. There is always a chance that other individuals may report undocumented status to ICE, however.
Undocumented immigrants have the same rights as U.S. Citizens in a divorce case, including division of marital property and debt, determination of child custody, visitation, and parenting plans, and child support and spousal support (alimony).
A divorce can affect a non-citizen’s ability to obtain or maintain legal status, especially if their status was contingent on being married to a U.S. citizen. It is important to consult with a family law attorney to help navigate potential risks in a divorce case involving an undocumented immigrant.
Frequently Asked Questions
Can an undocumented immigrant file for divorce in Florida?
Yes. Immigration status does not prevent someone from filing for or obtaining a divorce in Florida, as long as at least one spouse has been a Florida resident for six months before filing.
Will the court report my immigration status to ICE?
Florida divorce courts are not required to contact U.S. Immigration and Customs Enforcement (ICE) about a party’s citizenship status. However, there is always a possibility that other individuals involved in the case could report someone’s undocumented status to ICE.
Do undocumented immigrants have the same rights in divorce as U.S. citizens?
Yes. Undocumented immigrants have the same legal rights in Florida divorce proceedings, including rights related to property division, child custody and visitation, child support, and alimony.
What if my spouse has left the United States?
If your spouse has left the country, serving them with divorce papers can be more complicated. International process rules would apply to properly serve them with notice of the divorce proceedings.
Can getting divorced affect my immigration status?
Yes, divorce can impact your ability to obtain or maintain legal immigration status, particularly if your status was based on being married to a U.S. citizen. This is an important consideration that should be discussed with both a family law attorney and an immigration attorney.
Should I consult with an attorney?
Yes. Given the complex interplay between divorce proceedings and immigration concerns, it is important to consult with an experienced family law attorney who can help you understand and navigate the potential risks involved in your specific situation.
How can I get legal help with my divorce?
For more information or to discuss your specific situation, please visit https://www.normanlawjax.com/ or contact Norman Law to speak with an attorney about your divorce case.