Can I Get a Divorce in the US If I am Not a Legal Citizen?

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Hello and welcome to 60 Seconds with Sergio. I am your host, Sergio Cabanas, Attorney-at-Law here in Florida. Thank you for joining me today.

Today’s question is: “Sergio, I’ve been a resident of Florida for a long time, however, I don’t have any legal immigration status here in the US, am I still able to get a divorce here?”

The short answer is “yes”, you do not have to have any legal immigration status. You don’t have to have an active tourist visa, you don’t have to have anything whatsoever.

The divorce-related matters are what we deal with within a divorce court. We do not deal at all with any immigration matter whatsoever. So we don’t have to deal or worry about at all with immigration officials being called that are somehow launching some kind of investigation.

That there will be some kind of risk of deportation. None of that exists in a divorce court in Florida.

The only requirement under Florida’s law is that you, or your spouse, not even both of you just one or the other, has been a resident of Florida for a minimum of six months when the divorce is filed. That’s it.

So, this divorce is handled the same way as any other case. It simply starts with you, preferably consulting with an attorney who can review all specific information related to your case and preparing proper divorce paperwork, including a petition for the divorce. And the process is handled the same way as any other case.

I hope this short video provided you some guidance over this important area of the law. Thank you again for joining me today. And as always, stay informed so you can stay strong.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Divorce & Mediation Law Firm | Cabanas Law Firm
18503 Pines Blvd, Suite 301
Pembroke Pines, FL 33029
(954) 447-2580


Sergio Cabanas, Esq. founded the Cabanas Law Firm in 2006 and provides Divorce and Family legal services, as well as Estate Planning, to ensure his clients have planned for their newly single life and are protected after their divorce. He began his career in law in 1992 as a prosecuting attorney at the Broward County State Attorney’s Office, then continued his litigation track as an insurance defense attorney defending medical professionals against medical malpractice claims and expanded into disability and life insurance claims. Sergio is a Certified Mediator registered in the Supreme Court of Florida and a frequent speaker in the community about the importance of Estate Planning to keep families out of probate court and to prepare essential instructions in the event of disability or incapacity.