CAN I DIVORCE AN ILLEGAL IMMIGRANT AND REQUEST ALIMONY?

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him about Divorce and Family Law.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: Can I divorce an illegal immigrant and request alimony? I married my husband who is an illegal immigrant. It has become very clear that he only married me to become a US citizen. Can I divorce him and request alimony?

ANSWER: You can divorce your husband. It makes no difference whether or not your husband is an illegal immigrant. You will need to have him served with process after your divorce case is filed.

You can request alimony (spousal support) in your Petition, but whether you receive orders for spousal support depends upon your husband's provable income and your income, among other factors.

If you desire temporary spousal support pending trial or settlement, you would need to file and serve an Order to Show Cause along with your Income and Expense Declaration; temporary spousal support is ordinarily awarded in accordance with the temporary spousal support guidelines applicable in your county, based on your and your husband's incomes.

If you desire "permanent" spousal support, i.e., spousal support after trial or settlement, permanent spousal support is based on factors set forth in Family Code Section 4320, including the marital standard of living.

The duration of permanent spousal support is based primarily upon the length of the marriage. If the marriage was under 10 years in duration, spousal support is generally awarded for 1/2 the duration of the marriage, whereas if the marriage was over 10 years in duration, spousal support is generally awarded until the recipient's death or remarriage.