What do I do if I want to get divorced but my husband is supposed to be deported? 5 Answers as of April 10, 2014

My husband was deported to Mexico 1 year ago. We were married for a year and half when he was deported. We were in the processed of giving him a visa but we did not finish the process. I just found out he is back in the country illegally. I want to divorce him and have sole custody of my baby. He was deported when my child was 4 months.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes but you need an address for him to have jurisdiction concerning custody.
Answer Applies to: Georgia
Replied: 4/10/2014
Law Offices of Ernest A. Cardona | Ernest A. Cardona
This is easy if he remains in the U.S. only IF you know where to find him so he can be served with copies of the divorce papers. The fact he's here illegally is not relevant to the divorce but could be an issue with regard to any claims he wants to make for custody or visitation. You should just file the divorce case right away and serve him. There's much more to the process, so call a family law attorney.
Answer Applies to: California
Replied: 4/9/2014
James M. Chandler | James M. Chandler
File for dissolution and have him served.
Answer Applies to: California
Replied: 4/9/2014
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
My suggestion is that you consider filing your divorce ASAP! If he is deported after he is served with the papers you filed, you have an opportunity for a default/uncontested divorce. A quick filing and service of papers will put him on the defensive. Don't wait, time is of the essence.
Answer Applies to: Florida
Replied: 4/9/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Get a divorce. In WA there is not custody as such. Get a parenting plan. If he's deported again, you won't have to worry about visits unless he arranges these before hand. If he's here, well, then the child will have a father. If there are other reasons, then his status why he shouldn't see the child, then you need to raise those at a hearing for temporary orders.
Answer Applies to: Washington
Replied: 4/9/2014
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