Southaven, MS asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi

Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity and his verbal and sometimes physical abuse of me. He owns several gas stations and a fish market. My question is if i divorce him does he have any rights since he’s not even legally in this country and what will I be entitled to in the divorce

1 Lawyer Answer
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
  • Divorce Lawyer
  • Olive Branch, MS
  • Licensed in Mississippi

A: His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

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