What rights does a spouse have if they are an overstay on their visa and refuses to sign divorce papers?

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What rights does a spouse have if they are an overstay on their visa and refuses to sign divorce papers?

Asked on November 10, 2012 under Family Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a spouse that is not an American citizen stays beyond the time set forth in the visa, the spouse can be deported by this country's immigration department. As to refusing to sign dissolution paper work, the case for the dissolution can be tried against the spouse then the spouse is not in the country resulting in a default if she or he does not have a family law attorney representing him or her.


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