Divorce Defined for USCIS Purposes - Shankar law

Divorce Defined for USCIS Purposes

A divorce is the legal end of a relationship. The law of the state or country where the divorce took place determines whether the divorce is considered lawful and hence effective. In general, if a state law regards an action to end a marriage as a divorce, a marriage between the parties is no longer valid for immigration purposes.

 

Physical or legal separation of married parties (i.e., a separation formalized by a court) does not, in most cases, result in the legal dissolution of a marriage. This is true even if neither partner to the marriage wants to live with the other again. A legal separation, on the other hand, may be regarded a formal termination of a marriage for immigration purposes in some cases. This occurs when a state’s or country’;s law changes legal separations into divorces after a certain amount of time has passed.