Legal Question in Family Law in South Carolina

You need to get divorced, because the fact that he was an illegal alien when marrying you in 2004, doesn't waive/dissolve the marriage. And, after the divorce, he will need to remarry the present wife to ensure his marriage is/will be valid.

If you can contact him and he is willing to file for a mutual consent divorce together with you; both of you will sign the necessary documents; and at least one of you will fly to appear before the Judge on the day of the divorce hearing, you can file for a Fast divorce by mutual consent in the Dominican Republic.

A special provision in Dominican divorce law (142) allows foreign citizens, not living in the Dominican Republic, to obtain a fast divorce in the Dominican Republic without any residency requirement, waiting or separation periods or classes. The Dominican Fast divorce if done with due process is valid in US and worldwide.

You can read more about this legal option at:

The Embassy of the United States on Divorce by mutual consent for US citizens (scroll the page to the bottom):

http://santodomingo.usembassy.gov/divorce_dr_mc.html

The Fastest Way to Divorce Worldwide:

http://www.dfastdivorce.com

The U.S. Department of State on divorces overseas;

http://travel.state.gov/law/family_issues/divorce/divorce_592.html

The Dominican Republic Embassy in Washington, D.C.

http://www.domrep.org/divorce.html

If you are living here in SC, then SC may have jurisdiction to grant you a divorce. Obviously, more information is needed about your particular situation, but I am willing to meet with you to discuss your case.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens