I am Not a United States Citizen and Live in Spring, Texas Can I file for Divorce?

This article addresses filing for divorce in Texas if you are not a United States Citizen.

Requirements for filing a Divorce in Texas

The Following are required in order to file for divorce in Texas:

  1. Texas requires that one party be a resident of Texas for 6 months or 180 days before your eligible to file for divorce.
  2. You must have resided in the County where you are going to be filed for at least 90 days.

Divorce Proceedings

Divorce proceedings are separate from Citizen Status. It is not a requirement that a party seeking a divorce in a Texas court that they are a United States Citizen. The procedures are the same for both United States Citizens and for foreign nationals.

A Texas court can award you child custody, child support and spousal maintenance, even if you are known to be an illegal immigrant. If you are not the custodial parent, you may be required to pay child support and spousal maintenance to your citizen ex-spouse.

The Texas divorce court will not contact ICE about you.

Deportation Risks

However, something to consider if you are an illegal immigrant the risk continues of being deported if ICE discovers you are an illegal immigrant.

An example would be if you are turned into ICE by someone who is aware of your illegal immigrant status such as your ex-spouse.

Should this happen and you are arrested by ICE and have custody of children from your previous marriage, you may be forced with the choice of taking your children with you to your native country or giving custody of them to your ex-spouse. You will also be barred from returning to the U.S. for up to 10 years.

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Other Articles you may be interested in:

  1. The Effect of Divorcing a United States Citizen While a Non-U.S. Citizen
  2. The Dirty Trick of Filing for Divorce in Another City
  3. The Dirty Trick of Moving Out of State with the Kids
  4. Should I move out of the marital home during a divorce?
  5. Do I have to move out of the marital home during a divorce in Spring, Texas?
  6. Children's Passports and International Travel after Texas Divorce
  7. Can a Parent remove My Child from the state of Texas or from the County or Country where I am living?
  8. Geographic Restrictions in Child Visitation Orders in Texas
  9. Common Law Marriage and Texas Divorce Guide
  10. 6 things You Need to Know Before You File for Divorce in Texas

Law Office of Bryan Fagan | Spring Divorce Lawyer

The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.

A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Spring, Texas, Cypress, Spring, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.


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Contact Us

Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 3707 Farm to Market 1960 W.,
Suite 400,

Houston, TX 77068
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Phone: (281) 810-9760
Office Hours:
Mon-Fri 8 AM – 6 PM
Saturday- By Appointment Only
Website: https://www.bryanfagan.com/
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.