Sunday, February 6, 2011

Illegal immigrants and Divorce

Contrary to popular belief illegal immigrants can obtain divorces in Texas and in any other state in the Union. The Privileges and Immunities Clause in Article Four of the United States Constitution provides that persons "of each State shall be entitled to all Privileges and Immunities of Citizens in the Several States."

In the 1950s and 60s, Americans went abroad to obtain no-fault divorces because these type of divorces were not an option available in many states. A no-fault divorce is a dissolution of a marriage that does not require a showing of wrong-doing, nor evidentiary proceedings. The legal equivalent of a no-fault divorce in Texas is defined as "discord or conflict of personalities that destroys the legitimate ends of marriage and prevents any reasonable expectation of reconciliation.

In America's legal jurisprudence, the legal doctrine of comity provides that one jurisdictions judgements or verdicts will extend to another jurisdiction in other states and nations as long as they are not against the public policy. Some lawyers might be weary of taking on these cases, however, as long as the client is willing to provide documentation of their income, employer information, residence information, birth certificate(s) evidencing their parentage to any children in the family, and a marriage license, obtaining divorce is possible.

If you need to obtain a uncontested or contested divorce visit www.tonyfamlaw.com for additional details.

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