Sunday, May 7, 2017

How can an illegal alien get a divorce in Texas?

I get asked this question a lot - how can an illegal alien get a divorce in Texas?

1. They must have lived in Texas at least 6 months and in the same county for at least 90 days.  Once this happens you are considered a resident of Texas. It does not matter if you are illegal or not. If you are living in Texas then you are a Texas resident - legal or illegal. By merely being here you are agreeing to follow the laws of the US and the State of Texas.

If you don't want to follow the laws of the US and the State of Texas, then leave this country (and state).  

By merely driving a vehicle on our roads, you are agreeing to follow the laws of Texas and the US. For example, Texas has laws about car seats for small children and if you are driving a vehicle in Texas you must follow this law or risk fine or arrest.

2. I live in Houston and we handle illegal alien legal issues on a daily basis.  Your case is not unusual or unique.

3. Immigration issues - you need an attorney that handles immigration and family (divorce) law or you need 2 attorneys one for immigrations and one for family law.

4. No Social Security number - no problem.

5. Can you be deported? I cannot say 100% that the constable in the courtroom won't arrest you. If the constable runs your name and it turns out that there is an arrest warrant out for your arrest, you will probably be taken into custody and turned over to the policing agency that filed the arrest warrant.

So if you know you have outstanding warrants and you go into the courtroom and make a "fuss" or piss off the constable then he/she might run your name to see if there are any outstanding warrants.

If the other party, comes to court and tells the constable there is an outstanding warrant for your arrest, and the constable then runs a search you might be arrested.

In summary, around the Gulf Coast and border close to Mexico, dealing with illegal aliens happens in the civil courts on a daily basis.

Houston is an international city and we handle divorces for people from all over the world. It does not matter where you married in order to get a divorce.  What matters is that you are living here now and the State of Texas regulates divorce for its residents.

If in doubt, hire an attorney to help you.

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