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[SC] Can a short marriage be annulled if a spouse may have married for immigration status?
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I have questions I need to ask about a divorce I need to file for.
I understand that going through a divorce can be a challenging experience. Have you already discussed the decision to file for divorce with your spouse?
Yes.
Are there any children involved in this situation, and if so, what are your concerns regarding custody or support?
No.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your divorce filing.
My spouse is an undocumented immigrant.
Hi there! My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. No attorney-client relationship is formed from our conversation. So I can best help, have you filed anything for your spouse to get immigration status?
No, not yet.
It should be fairly simple, but I wasn't sure how her immigration status affects things.
We don't have any children and our names aren't shared on any cars, leases, or properties, no joint bank accounts.
How long have you been married?
It fell apart two months after our marriage pretty much. I found her on an app and it just went downhill from there.
Got it, thanks for sharing that. Since your marriage was quite short, it might simplify the divorce process. What state are you filing in?
I was hoping that an annulment still might be a possibility, but ultimately I'm trying to do this as cheaply as possible.
South Carolina.
With annulment, was there fraud?
My feelings were sincere, but I feel like I could have been manipulated, love bombed into marriage.
If she challenges the annulment that could be more lengthy and difficult to prove, although if you believe she married you to get status, it is a possibility. Under South Carolina law, family court has jurisdiction to hear and determine annulment actions (see S.C. Code Ann. § 63-3-530), and a marriage may be annulled where consent was obtained through fraud going to the essence of the marriage, such as marrying primarily to obtain immigration status rather than to form a marital relationship.
We married last October 15th, two months later we were separated. I tried to make it work so it fizzled out in April, and less than a month after that she is living with another man, like it was planned.
I don't think she'll challenge it.
I was thinking about doing a DIY divorce if an annulment can't be worked out.
I wasn't sure if I needed to contact ICE or anything, or if it even matters since I never signed any immigration paperwork.
You have no duty to report her. There isn't any abuse, correct?
No abuse.
No police incidents.
So it seems like a DIY divorce and hiring a process server and a paralegal to do the filing might be the best route.
That can be a good next step. She can appear in court usually without incident as they don't ask directly about status.
Okay, thanks so much. Is Divorce.com a reputable option, or do you have any recommendations for a good DIY divorce service?
Divorce.com is a legitimate service. Most courts also have the forms for uncontested divorce on the court website.
I hope I was able to help! If you have any other questions, feel free to ask.
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