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I am Not a Citizen, and I am Only in the US Through My Spouse’s Visa. Can I Still Get Divorced?

If the Petitioning spouse intends to remain in Florida for an indefinite period of time, then the divorce can go forward. In Perez v. Perez, the Court found that such present intention by the Petitioner was sufficient to meet the residency requirement for divorce.

The Perez Court determined that a Cuban refugee was not precluded from obtaining a divorce in Florida on the ground that he was incapable of acquiring domicile in Florida because he did not have authority under immigration laws to remain in Florida permanently and therefore could not meet six months’ residency requirement for divorce. 164 So. 2d 561 (3d DCA 1964).

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