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International Divorce
If a United States citizen and a non-citizen divorce, the law of the state where the divorce is filed controls the division of property, alimony, and care and custody of any minor children. If the marriage is less than 2 years old and the parties divorce, the residency status of the non-citizen may be affected by the divorce. The non-citizen spouse may then be required by the United States government to leave the country following the divorce. A non-citizen who can prove to the INS that the marriage was legitimate, the divorce was justified or deportation would cause the non-citizen spouse an extreme hardship may be allowed to continue to live in the United States.
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