Q: Questions about marital status in lottery registration
Every year during Green Card Lottery registration, I face an issue. Over 7 years ago, my wife and I separated, and I live with my daughter (without formal divorce). My wife refused to return home after a court order, and the court issued a "non-compliance" ruling, meaning she failed to fulfill her marital duties. Legally, I am not responsible for her anymore. My question is: does this situation count as "legally separated"? No one in Iran has been able to give me a clear answer. In previous registrations, I selected "legally separated" based on the court's ruling. If I select "divorced," I'm concerned it could cause issues later since I don’t have a divorce decree. If I choose "married," I don’t have access to my wife’s photo or details, and completing the forms if selected would be problematic. I don't intend to include her in my application. I would appreciate your guidance on which option to select to ensure my registration doesn’t encounter any issues. Thank you!
A:
In North Carolina, you will stay married until you get a divorce. North Carolina does not recognize a "legal separation," so even if you are living apart from each other you are still technically married.
Depending on what your specific court order says, you may consider filing for divorce so that you won't have to include your wife on your application. An immigration attorney or a family law attorney could read over your documents and provide you with more specific advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
