What Rights do I have as an Immigrant in a Texas Divorce?

For immigrant spouses, navigating a divorce in Texas can raise unique questions and concerns. Whether you’ve recently moved to the state or have lived here for years, understanding your rights as an immigrant in a Texas divorce is crucial. The laws surrounding divorce can be complicated, especially when issues like residency, asset division, and child custody are involved. This article will explore the specific rights immigrant spouses have in a Texas divorce and how you can protect your interests throughout the process.

Divorce Rights for Immigrant Spouses in Texas

It is not uncommon for married couples to move. Sometimes the move means just changing neighborhoods in the same city and is a short drive away. Sometimes a move is to a totally different state. That was the case for my parents on more than one occasion they started out in Texas then moved to Colorado, to North Dakota, and back to Texas.

For still others a move may be to a totally different country. Texas and Houston especially are full of married couples from all over the United States and the World. We have handled divorces in which the marriages between couples took place in many different parts of the world. In Texas, in most cases, it does not matter whether one or both parties have immigrated to the United States or whether one or both partners are American citizens.

Texas Divorce Filing Requirements

The only requirements to file for divorce in Texas are that:

1. One party be a resident of Texas for 6 months or 180 days before you are eligible to file for divorce.
2. You or your spouse must reside in the County where you file for at least 90 days.

Immigrants Status in a Texas Divorce?

We have observed that an immigrant often has no idea what their rights are in Texas. Sometimes when the immigrant has not followed normal legal channels to be in Texas there is a real fear of any court proceedings. A common concern is the risk of arrest for illegal status in Family Court.

Sometimes there is an impression that things will be like the way they are in their original country. Sometimes that is the case; in other cases, though, Texas law could not be more different. It’s crucial for immigrants to understand how Texas divorce laws apply to their case to avoid settling for less than what the law permits.

Sometimes a Spouse Will Resort to Intimidation

In many of our divorce cases, we have observed that an American spouse often the husband is all too willing to use his familiarity with the country and Texas to his advantage. He will tell his wife all sorts of things that are false and intimidating and, often, accepts what he says is true. if there is a language barrier, the problems are often worse. In one of our cases, the husband did everything he could to isolate his wife. In a case we handled, the husband isolated his wife, who did not speak English, limited her movements, and instilled fear with misinformation.

The wife felt like she had to get her information from her husband, and did not have anyone else she could turn to that spoke her native tongue. The only thing that saved her was a cousin who came to visit her found out what was going on and got her to see us. We were then able to let her know what her rights were.

Her story is not unique among other immigrant spouses we have represented in divorce. For many the whole idea is terrifying. For many of our clients, divorce is scary to begin with because the courts are different a world from what they are accustomed to. However, when you combine this unfamiliarity with laws with new customs, and languages, it is often worse.

What we tell these clients and potential clients is, that they do have rights. They have a claim to:

1. Their share of the marital property
2. A say so in how their children are raised

In Texas Family Court, it is not important what country from. In the United States, and in the great state of Texas, they have rights, and you should not let your spouse tell you otherwise.

What are my rights in Texas as an immigrant spouse?

It does not matter in Texas if you are an immigrant, you have rights.

Being an immigrant DOES NOT mean:

1. Your spouse can just ship you off and make sure that you never see your children again.
2. Your spouse cannot force you to take anything from the marriage

You have rights.

1. You have a right to your share of the marital assets

Texas is a community property state this means there is a presumption that from the day you are married until the day you are divorced that everything you and your husband owns belongs to both you and your husband.

This is true no matter what the assets are such as:

1. retirement accounts
2. a home
3. a car
4. or anything else you are your husband may have purchased or acquired during the marriage

How much am I entitled to?

How much you are entitled to receive depends on whether:

1. you are able to reach an agreement or
2. whether the case goes to court

If the case is settled by agreement then it will depend on what has been negotiated. If the case goes to court then the judge will make a decision based on the facts of the case. A judge must make a just and right division of the property and debts.

Many people think that property is divided 50/50 in Texas. However, a just and right division is not necessarily 50/50. The court considers several factors in making its decision one what is a “just and right division” of the community assets and liabilities. These factors include: its division are:

1. The length of the marriage;
2. Each spouse’s level of education;
3. Future business opportunities and
4. employability of each spouse,
5. The disparity in earning capacities or income;
6. Each spouse’s health and physical condition;

2. You have a right to your children.

Parents have rights to their children whether you are an American citizen or not. A Texas family law court is not going to take custody away from you just because you may not be a citizen.

Custody in Texas can be handled in a couple of different ways including:

1. You are entitled to have it determined in family court
2. reach a written agreement regarding custody outside of court

Either way, though, you will have an opportunity to argue for what you think is in the best interests of your children. This is not a guarantee that you will win. In Texas, there is NOT a preference for:

1. a mother over a father. But there’s also no preference for him
2. an American over a non-citizen.

The Texas Family Code says a judge must make a decision based on what’s in the best interests of the child.

3. You have a right to a divorce.

Whether you or your wants a divorce, the spouse who requests a divorce will ultimately be able to get it. If a spouse opposes a divorce that can make things more difficult:

1. Take longer
2. Cost more

However, contesting a divorce does not stop the process it may only delay the process. A spouse cannot force you to stay in a marriage.

You do not, have a right to have an attorney appointed for you in a Texas divorce. In Texas court appointed attorneys are only available in criminal cases. A divorce is a civil cause of action which means:

1. it is not criminal and
2. there is no legal entitlement to representation a Texas divorce lawyer.

You will have to hire a Texas divorce lawyer on your own.

For more information about divorce as an immigrant spouse, feel free to give our office a call at 281-810-9760

Final Thoughts

In Texas, a child’s right to support is not dependent on the legal status of their parents. Even if a father is an undocumented immigrant, he still has a legal obligation to financially support his children. Immigrant spouses seeking child support can pursue legal channels through the state’s child support enforcement agency to establish and enforce child support orders. It’s important to consult with a legal expert to effectively navigate the specific details of your case.

eBooks

If you want to know more about what you can do, CLICK the button below to get your FREE E-book:

Other Articles you may be interested in:

1. Estate planning essentials for immigrants
2. Foreign Marriage Contracts and Divorce in Texas
3. The Complex World of International Child Custody Issues in Texas
4. Can I sue my spouse’s mistress in Texas?
5. 6 Tips – On How to Prepare for a Texas Divorce
6. Roadmap of Basic Divorce Procedure in Texas
7. Child Custody Basics in Texas
8. 6 Mistakes that Can Destroy Your Texas Divorce Case
9. 10 Quick Tips About Parental Visitation
10. Does it Matter who Files First in a Texas Divorce?

Law Office of Bryan Fagan, PLLC | Spring, Texas Divorce Lawyers

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

Our divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.

Bryan Joseph Fagan( Attorney )

Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.

Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.

His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.

Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.