I prematurely married someone I was dating because he was an illegal citizen. I told him it wasn't working and while I was on a business trip he moved out behind my back giving me a 7 day notice before rent on our home was due. If I am evicted for non-payment and we are taken to court and he is deported, will I be married to him forever? Divorce papers were filed last month... but now judgement yet from the state.

Married forever? No, deported or not, locatable or not.
Did you admit to any authorities that you married him 'because' he was illegal? I hope not.

Did he sign the lease? Have you looked into an annulment rather than divorce? Since you married him under false pretenses, you may be able to get the marriage dissolved that way.

You can always get divorced even if they are deported and you can never find them. You just get divorced without them there.

Deported, most likely not

Please don't use the comments feature for followups. Do pursue the divorce. I always thought annulments were faster.

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Originally Posted by ScottGem

Please don't use the comments feature for followups. Do pursue the divorce. I always thought annulments were faster.

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Sorry... the agree/disagree is a new feature since the last time I used this site. BTW You were incredibly helpful a few years ago with my sons custody... your counsel helped things go smoothly... thank you!

I was told annulments are longer because you have to "prove" why and requires a court appearance to present your case. Divorce... you just file and wait for everything to be processed.

If I (or landlord) take him to small claims court will he just be deported? He has stuck me with a huge financial responsibility with just a 7 day notice ($2100 monthly rent + $200 in utilities+$200 to re-key the residence) I am trying to rent the room... but in the interim if I am unable to raise the funds and am evicted mine and my brothers credit (he co-signed) will be damaged.

Deported, most likely not[/QUOTE]

So taking him to small claims wouldn't be a waist of time? I would like to collect on my losses but if all that is going to result is him being deported... then it is a waste of my time and energy.

If you take him to small claims court unless there is mention of his illegal status, I doubt if anything will be done about it. However, while you will probably win, how are you going to collect? Does he have a job where you can garnish wages or bank accounts you can attach?

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Originally Posted by ScottGem

If you take him to small claims court unless there is mention of his illegal status, I doubt if anything will be done about it. However, while you will probably win, how are you going to collect? Does he have a job where you can garnish wages or bank accounts you can attach?

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Yes... he has a solid job and a bank account.

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Originally Posted by The Phoenix

Yes...he has a solid job and a bank account.

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How can he have a solid job if he's an illegal? He has to show a social security number to get a job. Or did he get this after you were married?

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Originally Posted by ScottGem

How can he have a solid job if he's an illegal? He has to show a social security number to get a job. Or did he get this after you were married?

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He obtained it a few years ago in a previous marriage, however the marriage ended prior to his final interviews, but in the interim he received his SS#.