Legal Question in Family Law in West Virginia
divorcing an illegal immigrant
Help me! I married my Moroccan boyfriend four years ago. We remained together for two years before I discovered all the lies that he told me. I found out that he didn't finish college and was here on an expired student visa. He is still here illegally and hasn't filed for residency or citizenship. I haven't seen him in two years. I haven't spoken to him in 8 months. I found his aunt and she gave me his phone number but he won't answer the phone because he knows that I want to get a divorce so that I can get married for real this time. We were married in Virginia where I was going to college. I now live in West Virginia and I believe he now lives in New York City. How can I go about getting divorced from someone who is here illegally and hasn't filed for residency or citizenship? Does he even exist in the legal system? Can I get an annulment on grounds of fraud, since I later found out he was a pathelogical liar? Please tell me how I can get divorced as quickly as possible so that I can put this behind me and move on with my life!
2 Answers from Attorneys
Re: divorcing an illegal immigrant
It is hard to get an anullment in West Virginia if the marriage has been consumated. The good news is, however, that you can get "constructive service" on your husband if your attorney causes notice of the divorce suit to be filed in a newspaper of general circulation in the county where you live and also mails it to his last known address. This can get you divorced, whether he answers or not, because your Family Court will have jurisdiction over you and over the marriage, but it can't get you a judgment for any money against him. You don't mention any children, but the same process could get you custody if you had them. The ability to file in West Virginia depends on the length of your residency here. John Yeager, Jr., Attorney at Law, 3312 West Street, Weirton, West Virginia 26062. Email [email protected]
Re: divorcing an illegal immigrant
It is hard to get an anullment in West Virginia if the marriage has been consumated. The good news is, however, that you can get "constructive service" on your husband if your attorney causes notice of the divorce suit to be filed in a newspaper of general circulation in the county where you live and also mails it to his last known address. This can get you divorced, whether he answers or not, because your Family Court will have jurisdiction over you and over the marriage, but it can't get you a judgment for any money against him. You don't mention any children, but the same process could get you custody if you had them. The ability to file in West Virginia depends on the length of your residency here. John Yeager, Jr., Attorney at Law, 3312 West Street, Weirton, West Virginia 26062. Email [email protected]
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