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Divorce and Immigration Law

divorcing couple with legal paperwork and rings in front

     There are thousands of people that get married each year, and sometimes, a marriage can come to an end. Divorce can be difficult enough as it is, it can take a toll on a person, on their mental and physical health, their children’s well-being, or their assets. There are many different factors to take into account when undergoing divorce proceedings and one major aspect to discuss comes in the form of immigration law (should it be found applicable to you.)

     Agreed divorce or contested divorce – if your immigration status becomes at risk due to your marital status, that can majorly complicate overall matters. There are infinite ways to adjust one’s immigration status. It can be through family, work or in this instance, through a spouse. It is vital to know if your status is being directly adjusted due to marriage to a U.S. citizen. Should this be the case, depending on the specifics of your unique situation – there can be some options readily available to you. To begin with, it is important to know exactly what your current immigration status is, and if you have any documentation currently filed and pending.

     Citizenship status can be obtained several different ways, in this scenario, it is obtained through a spouse. If you are in the midst of a citizenship application that you are either wanting to file or is currently pending, and are in talks of divorce – it might be a good idea to consult with an experienced immigration attorney so they may properly assess your situation and provide you with legal advice.

     It is imperative to know your rights should you find yourself undergoing a divorce in the state of Indiana. Should both spouses agree on the divorce, there is a mandatory waiting period in the state of Indiana of 60-days, before the divorce is finalized. Should one or neither spouse agree on the divorce it would mean it is a contested case. Contested divorces typically go on, until one or both parties settle – this could go on for a few weeks, months or even years depending on each parties needs, wants and demands. It is imperative to keep in mind all divorce laws vary greatly from state to state, within the United States and vary even more from country to country. (For the most updated and accurate information consult with an attorney in your state or country regarding divorce laws and immigration procedures.)

     Each individual person’s case varies based on the individual’s wants, requirements, or prenuptial agreements (if applicable.) Should you find yourself at risk of becoming off-status should your immigration status be directly linked to your marriage status, it is recommended to seek out professional, legal assistance. Should a person’s legal status change to off-status while residing within the United States, there could be immense consequences following those actions.

If you would like to speak with an experienced immigration attorney and schedule a consultation, you can contact our office online by submitting a Contact Form at Contact Us | The Law Offices of Eugene Mogilevsky ( or by directly calling our office at (317) 743-7958. All of our attorneys practice a variety of different laws, including but not limited to, immigration law and divorce law, family law and divorce law, real estate, criminal, litigation, probate, wills, trademarks, business law, and much more!

Disclaimer: This blog post is for educational and informational purposes only and is not to be taken as legal advice in any capacity. Reading this blog does not constitute or establish an attorney-client relationship.