They are pretty much the same as those of a US citizen. If you, as a non-US citizen marry a US citizen you will, statistically speaking, have a good chance in joining the list of likely divorced couples. You see approximately fifty per cent of US marriages end in divorce.
But from a legal point of view, you may have few worries. Legally speaking, you are the same as your US citizen partner. You can attend the court in your own right with all the same rights and obligations as your partner. You can hire a lawyer to represent you or you may conduct your own divorce.
A side issue is one of family support. If most or all of your family resides outside the USA, you might struggle for emotional support. A divorce can be a difficult time but if you are alone in what for you is a foreign country, be prepared for a trying time.
The one area which you should pay attention to as a non-US citizen is your citizenship status. You need to find out how a divorce from a US citizen will affect your rights as a citizen in your new country. As with most areas of the law, there are issues and exceptions to a law which need to be understood.
First there is a distinction between couples who marry in good faith and those who marry in order simply to gain US citizenship. But how can you prove you married in good faith?
The law stipulates certain factors. The first is the length of your marriage. Two years is considered to be the minimum necessary length of the marriage before a divorce will place a non-US citizen in danger of losing their citizenship.
Now if you haven't been married for two years when your divorce is granted, there are other factors which may assist a non-US citizen.
One is the question of a child or children born as a result of the marriage and the other is the issue of the married couple jointly owning property. If the couple has produced a child or children and/or if they jointly own property, the citizenship of the non-US citizen may well be safe. Remember in this as in all matters before the court, the court has the power to give its interpretation of the law. But the court rules according to the law.
Know too that divorce law is a state matter in the United States. If you have a divorce matter to be heard, the relevant court will be in the state in which you reside. It is not the state in which you were married unless that is also the state in which you now live.
There are various matters which will be affected as a result of a divorce for every non-US citizen. A lawyer who concentrates on divorce for people like yourself may be your best bet. Will your status as a US citizen change? Will your visa be cancelled? Will you be able to take the US citizenship test?
Be prepared with a list of questions covering the points in this article.
Here are additional resources you might be interested in:
There's a number of places online where you can carry out a divorce (which is much cheaper than going through the courts and lawyers).
Legal Zoom's 3-Step Divorce Process can provide quick and easy online divorces.
Are you considering getting a divorce? There's an excellent ebook about deciding whether to
Get a Divorce or Stay In the Relationship. Every couple should read this before making the decision.
If you're on the verge of having a divorce, read this to
Save Your Marriage.
What are the Divorce Rights of Military Spouses in the USA
What are the Divorce Rights of Military Spouses in Canada?
What are the Divorce Rights of Military Spouses in UK
More information on Divorce in the United States
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