Divorce with an Immigrant or Non-Citizen Spouse is More Complicated
Divorce is rarely a simple matter, as there nearly always tend to be complex issues which need to be sorted out – child custody disputes, marital property disputes, settlement agreement issues, and so forth. When one spouse is an immigrant, this brings an additional layer of complexity to a situation which is usually already quite complicated. When a Colorado divorce involves one spouse who is originally from another country, there is a range of issues which can develop. The exact issues which develop in any given case depends on the precise factual arrangement involved, but there are certain “core” issues which tend to surface rather frequently. In this post, we will summarize a few of these core issues.
Issue No. 1: A Divorce May Jeopardize an Immigrant’s Status in the Country
The first issue we will discuss – and this perhaps the most significant or consequential issue of all – is the fact that a divorce may jeopardize someone’s status in the U.S. When a U.S. citizen marries someone from another country, that immigrant spouse can then begin the process of obtaining citizenship for himself or herself. The process of acquiring citizenship via marriage is quite complex, involves many steps, and takes a substantial period of time. The main reason why a divorce may jeopardize this process is because a divorce may call into question the validity of the marriage itself.
If the marriage is “genuine,” essentially meaning that both parties fully intended to remain together prior to the marriage, then the immigrant spouse will still preserve the right to stay in the U.S., assuming of course that no other issues would prevent his or her ability to stay. But, if the marriage was not genuine, and was “fraudulent,” then the immigrant spouse will ordinarily need to leave the country within a specified timeframe, unless he or she has another means to remain (i.e. travel visa, student visa, etc.).
Issue No. 2: Divorces Involving Children May Be Particularly Difficult
Another issue presented when one spouse is from another country involves the difficulties surrounding children. Even if the immigrant spouse is permitted to stay in the U.S., and acquires citizenship, there may still be complex issues brought about by the fact that the immigrant spouse may need to travel abroad on a semi-regular or regular basis. Or, in the event that the immigrant spouse needs to leave the U.S., this will obviously create even more significant difficulties when it comes to custody and co-parenting of children. Co-parenting is already difficult enough when both parents are U.S. citizens and live is relatively close proximity to each other; when one spouse lives abroad, or must frequently travel abroad, this introduces a whole new set of challenges.
Issue No. 3: Certain Cases May Require Expertise of International / Foreign Law
Divorces involving immigrant spouses may also benefit from expertise of international law or foreign legal systems. This may be the case, for instance, when spouses obtain a divorce (or attempt to obtain a divorce) in a foreign country and then try to have that judgment enforced in Colorado courts. Or, if spouses do end up having to co-parent when one spouse leaves the U.S., they may require expertise of international law. Hence, these types of cases sometimes involve the “intersection” of family law and international law, and this is clearly a source of additional complexity.
Contact the Drake Law Firm for More Resources
If readers want to learn more about divorce issues specific to cases involving immigrants, or any other related family law topic, contact one of the family law attorneys at the Drake Law Firm today by calling 720-753-5396.