Deciding to end a marriage is never easy, and if one of the partners is an immigrant, the process can become even more complicated. The legal and practical considerations involved in an Indiana divorce when one party is a foreign national include not only the dissolution of the union itself but also the possible impact on their immigration status. In this article, we will examine some of the legal pitfalls and considerations that must be taken into account when dealing with an Indiana divorce and immigration.
Overview of Indiana Divorce Laws
Divorce laws in Indiana are quite straightforward, and the process is relatively easy to navigate. To get a divorce in Indiana, one of the parties must have been a resident of the state for six months before filing the petition. The cause of action for a divorce can be fault-based, such as adultery or cruelty, or no-fault, such as irreconcilable differences.
The court will divide the marital property based on the legal concept of equitable distribution, which means a fair and reasonable division of property. Indiana law does not automatically divide marital assets 50/50, but the court considers a wide variety of factors in deciding what is fair and reasonable.
The Impact of Immigration Status on an Indiana Divorce
Whether one or both spouses are immigrants, their immigration status can significantly affect the outcome of the divorce proceedings. For instance, if one spouse is an undocumented immigrant, they may be more vulnerable to deportation and other legal consequences.
In Indiana, divorce does not affect the immigration status of a foreign national, but it can impact their ability to remain in the country. If the immigrant spouse obtained their immigration status through their marriage, such as a marriage-based green card, they may lose their status and become subject to removal proceedings.
It is important to note that Indiana law recognizes the validity of foreign divorces, so it is possible to obtain a divorce in another country if that country’s laws permit it. However, if either party fails to comply with Indiana’s divorce laws, they may face legal consequences.
Child Custody and Support Issues in an Indiana Divorce Involving Immigrants
When children are involved in an Indiana divorce, the immigration status of one or both parents can significantly impact child custody and support issues. If one spouse is an undocumented immigrant, they may not be able to fulfill their obligation to pay child support, and they may also be unable to obtain legal custody or visitation rights.
If either parent is not a U.S. citizen, they may face various legal obstacles in obtaining custody or visitation rights. For example, if the child is a U.S. citizen, a non-citizen parent may not be able to travel with them to the U.S. if they are deported or are unable to obtain a visa.
Options for Immigration Status after an Indiana Divorce
One of the most critical issues that immigrants face after an Indiana divorce is how to maintain their immigration status. If the immigrant spouse obtained their immigration status through their marriage, such as a marriage-based green card, they may lose their status and become subject to removal proceedings. However, there are several options available to them to maintain their status, such as:
1. VAWA
The Violence Against Women Act (VAWA) provides a way for certain battered spouses, children, and parents to obtain a green card independently of their abusive U.S. citizen or permanent resident spouse or parent. This option is only available to those who can prove they were subjected to extreme cruelty or abuse during the marriage.
2. DACA
Deferred Action for Childhood Arrivals (DACA) is a program that provides temporary protection from deportation and a work permit to certain individuals who were brought to the U.S. as children and meet other eligibility requirements.
3. U Visa
The U Visa is a type of non-immigrant visa that is available to crime victims who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of the crime.
Conclusion
An Indiana divorce involving immigrants can involve several legal and practical considerations that must be taken into account to protect your rights and interests. It is essential to work with an experienced divorce attorney who understands the intersection between immigration and divorce law. Moreover, it is wise to consult with an immigration lawyer to explore the options available after the divorce to maintain your immigration status. By taking the right steps and seeking informed legal advice, immigrants can navigate an Indiana divorce with less stress and uncertainty.