Divorce is challenging. It gets even more stressful when one spouse’s immigration status is dependent on the other. Furthermore, what happens if you enter into a marriage out of love but then, despite your best efforts, your spouse (or you) is facing deportation and other legal consequences? Handling divorce with a non-citizen spouse is, without a doubt, complicated. Let’s discuss what to expect when getting a divorce with a non-citizen, as well as some complications you may face in New Jersey.
Key Takeaways
- Marrying a non-citizen does not grant them U.S. citizenship or permanent residency, and divorcing before the two-year mark can have serious consequences for the non-citizen spouse.
- Alimony is based on the marriage’s duration and financial needs, with short-term marriages potentially resulting in reduced or no alimony, while child support is determined by both parents’ incomes and financial situations.
- New Jersey’s equitable distribution laws divide marital assets fairly, considering both financial and non-financial contributions, and distinguishing between marital and separate property.
- To protect your interests, it is crucial to work with both a family law attorney and an immigration attorney to address legal and immigration complexities.
Overview of Marrying a Non-Citizen
Love is boundless and borderless. When you fall in love, it is often when you least expect it, meaning that you could be traveling abroad when it happens. As a US citizen, you can marry whoever you want from anywhere in the world, but there are also legal hurdles to overcome. To be clear, marrying a non-citizen does not make them an automatic citizen. Marriage does not provide an immigrant with permanent resident status—not for the first 2 years.
Another requirement is the form 1-864, an affidavit of support. In other words, the citizen takes on the responsibility of assisting the non-citizen with maintaining a standard of living that is above poverty level.
If there is a divorce before the two year mark, there can be severe consequences for the non-citizen. This becomes more challenging when children are involved.
Alimony and Child Support When Divorcing a Non-Citizen
Determining alimony and support requires a careful examination of various factors, and this can be particularly challenging in cases involving a non-citizen spouse. Alimony is based on the duration of the marriage. Therefore, if the marriage to the non-citizen was less than two years, it may be considered short-term. Alimony may be less than anticipated, if awarded at all.
The court evaluates each spouse’s financial needs, considering their income, earning capacity, and expenses. The non-citizen spouse’s financial dependency on the other spouse, especially if they have been out of the workforce, may impact the alimony decision.
As for child support, both parents’ incomes and financial situations are assessed to determine an appropriate support amount. The support calculation ensures that the child’s needs are met, considering both parents’ financial contributions.
The Division of Marital Assets in New Jersey
The Division of Marital Assets in New Jersey
When divorcing a non-citizen spouse in New Jersey, the division of marital assets follows the state’s equitable distribution laws. The court evaluates both financial and non-financial contributions made by each spouse during the marriage. Financial contributions include income and investments directly provided by each party. Non-financial contributions, such as homemaking, caregiving, and managing household responsibilities, also play a crucial role.
Even if one spouse did not earn an income, their contributions in maintaining the household and supporting the other spouse’s career can significantly impact the asset division.
Then comes marital and separate property. Distinguishing between marital and separate property is essential. Marital property includes assets acquired during the marriage, regardless of whose name is on the title. Separate property typically consists of assets owned by one spouse before the marriage or received as inheritance or gift.
However, if separate property has been commingled with marital assets or has appreciated in value due to the other spouse’s contributions, it may be subject to division. The court assesses these factors to ensure a fair distribution of property.
Protecting Your Interests When Divorcing a Non-Citizen in New Jersey
One of the best things you can do when getting divorced is to contact a family law or divorce attorney in New Jersey for assistance. A knowledgable attorney can help you with asset division, support arrangements, and immigration issues that are related to your marriage.
Second, visit an immigration attorney. They can provide guidance on the impact of divorce on the non-citizen’s visa or residency status. Together, options can be explored for maintaining legal status. The immigration attorney can also introduce relief options, such as self-petitioning under VAWA or applying for a U Visa if applicable.
Contact a New Jersey Divorce Lawyer Today for Help
Divorcing someone who is not a US citizen introduces added layers of complexity to the already challenging process. That is why it is important to not only know what to expect but to have a legal representative on your side. At Ziegler Law Group, LLC, we are committed to providing comprehensive legal support during your divorce, ensuring that all aspects, including immigration and financial matters, are addressed with care and expertise. Contact us today at 973-533-1100 or fill out our online contact form to schedule a consultation. Let us help you through this challenging time and secure a favorable outcome for your future.
