If you are considering getting a divorce in Utah and your spouse is in the country illegally, there are several issues to consider. While the legal status of your spouse may complicate matters, it does not necessarily mean that you cannot get a divorce. In this article, we will explore the legal implications of divorcing an undocumented spouse in Utah.
Legal considerations for divorcing an undocumented spouse in Utah
In Utah, the legal requirements for getting a divorce are the same whether your spouse is in the country legally or illegally. To file for divorce in Utah, one of you must have been a resident of the state for at least 3 months. You also need to have grounds for divorce, which may include irreconcilable differences, adultery, abandonment, or abuse.
The fact that your spouse is in the country illegally does not affect your ability to obtain a divorce. However, it may impact other issues, such as property division, custody, and support.
Property division
Under Utah law, property division in a divorce is based on a principle of equitable distribution. This means that marital property is divided fairly and equitably, but not necessarily equally. If your spouse is in the country illegally, they may not be entitled to an equal share of the marital property.
Child custody and support
When it comes to child custody and support, the immigration status of your spouse may be a factor that the court considers. In Utah, the court will make decisions about child custody and support based on the best interests of the child. This means that the court will consider factors such as the child’s relationship with each parent, their living situation, and any special needs they may have.
If your spouse is in the country illegally, the court may consider the risk of deportation and how that could impact the child’s well-being. However, the court cannot use immigration status as a sole basis for making custody or support decisions.
Immigration consequences
If your spouse is in the country illegally, getting a divorce may have immigration consequences. For example, if your spouse is relying on you for a green card or other immigration benefits, a divorce could jeopardize their immigration status.
It is important to consult with an experienced immigration attorney before filing for divorce if your spouse is in the country illegally.
Conclusion
Divorcing an undocumented spouse in Utah can be a complicated process, but it is possible. While the legal status of your spouse may impact certain issues, such as property division and child custody, it does not prevent you from obtaining a divorce. It is important to consult with an experienced family law attorney who can help you navigate the complexities of the divorce process.