Divorcing from your spouse can often be a convoluted endeavor, especially when one spouse is an undocumented immigrant. It is crucial to comprehend the legal implications and requirements associated with divorcing in such a complex situation.
Legal Status Does Not Hinder Divorce Proceedings
Fortunately, in the state of Indiana, a person’s legal status does not impede their ability to file for divorce or their eligibility to receive one. Indiana permits no-fault divorces, which means an individual can file for divorce without needing grounds such as adultery, abuse, or desertion. Hence, a spouse’s legal status holds no sway when it comes to obtaining a divorce.
Concerns Surrounding Property Division
When it comes to dividing property in a divorce, Indiana adheres to the principle of equitable distribution. This means that the court will fairly and reasonably allocate marital property. Importantly, a spouse’s immigration status plays no part in property division. However, there could still be concerns regarding the fair division of property when one spouse is an undocumented immigrant.
If either spouse cannot provide evidence of legal ownership of assets acquired during the marriage, the court may encounter difficulty in equitably dividing these assets. The process of property division might become more complicated if the undocumented immigrant has limited resources. For instance, the lack of eligibility for spousal support or alimony due to their immigration status can restrict the number of assets awarded.
Child Custody and Support
In Indiana, decisions regarding child custody and support are made based on the best interest of the child. The immigration status of either parent cannot be a determining factor in these matters. However, it is important to note that a parent’s undocumented status may pose challenges when it comes to the payment or receipt of child support.
Undocumented parents who are working without a Social Security number may find it challenging to make consistent child support payments. Additionally, the custodial parent may face obstacles in enforcing child support payments.
Conclusion
Although divorcing when one spouse is an undocumented immigrant can be intricate, it is indeed possible under Indiana law. The state does not prohibit divorces based on the immigration status of either spouse. However, there may be legitimate concerns regarding property division and child support payments.
To safeguard your rights and interests throughout the divorce process, it is crucial to seek the guidance of an experienced divorce attorney. An attorney can provide you with invaluable legal advice and representation, especially when dealing with complex legal issues. By enlisting an attorney’s assistance, you can significantly enhance your chances of achieving a favorable outcome in your divorce.