Greer, SC asked in Divorce, Immigration Law, Child Custody and Child Support for South Carolina

Q: I lived under common law for 17 years, separated 10 months ago, both undocumented, have a child. Can file for divorce?

What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!

2 Lawyer Answers
Hector E. Quiroga
Hector E. Quiroga
PREMIUM
Answered
  • Immigration Law Lawyer
  • Las Vegas, NV

A: The fact that you are undocumented should have no bearing on your ability to get divorced. The fact that your marriage is common law might have some bearing on your ability to get a divorce, but that is a question for an attorney with family law experience in your state.

Megan Hunt Dell
Megan Hunt Dell
PREMIUM
Answered
  • Divorce Lawyer
  • Charleston, SC
  • Licensed in South Carolina

A: It is very hard to prove the existence of a common law marriage in South Carolina. If you are able to prove that you were common law married, then you could also request alimony. Child support can be requested regardless of whether the two of you were married. Immigration status does not affect your ability to obtain relief from the Family Court.

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