Introduction: Divorce and Legal Status Are Deeply Connected
For recipients of Deferred Action for Childhood Arrivals (DACA), navigating divorce is more than a family law issue—it also carries immigration consequences. While DACA provides temporary protection from deportation and work authorization, it is not a pathway to lawful permanent residence or citizenship. But many DACA recipients in Florida find themselves married to U.S. citizens or lawful permanent residents, and when these marriages end in divorce, the stakes become higher.
Divorce can affect pending immigration petitions, timelines for adjustment of status, and the overall strategy for remaining lawfully in the United States. DACA recipients may also face unique obstacles during divorce, such as fear of retaliation, misinformation about their rights, or difficulty accessing certain resources.
A Tampa divorce lawyer who understands the intersection of family and immigration law can provide critical support in helping DACA recipients protect their legal rights, financial interests, and future immigration opportunities during divorce. This article provides a detailed guide to the issues DACA recipients in Florida should consider before, during, and after divorce.
What Is DACA and How Does It Relate to Marriage?
DACA is an immigration policy that allows certain undocumented individuals who were brought to the United States as children to apply for deferred action from removal and receive work authorization. DACA recipients:
- Are not considered lawfully admitted for permanent residence
- Do not have lawful status, but are not unlawfully present for purposes of certain immigration benefits
- Can apply for travel authorization in some cases (advance parole)
- May be eligible for other immigration relief through family-based petitions
Marriage to a U.S. citizen or green card holder does not automatically change a DACA recipient’s status, but it may open doors to adjustment of status—especially if the marriage was entered into in good faith. When that marriage ends in divorce, the path may change or narrow, depending on timing and immigration filings.
A Tampa divorce lawyer advising a DACA recipient must understand how the client’s marital and immigration records intertwine.
DACA and Adjustment of Status Through Marriage
One of the primary benefits of marrying a U.S. citizen for a DACA recipient is the potential ability to adjust status to become a lawful permanent resident (green card holder). To be eligible, the immigrant spouse typically must:
- Have entered the U.S. lawfully (with inspection)
- Be married to a U.S. citizen
- Demonstrate a bona fide (real) marital relationship
- Be admissible under immigration law
DACA recipients who entered the U.S. without inspection may not qualify for adjustment without additional relief such as advance parole or a waiver.
If the couple divorces before filing or adjudicating the adjustment application, the DACA recipient may lose eligibility—unless they can demonstrate an alternative basis for relief.
A Tampa divorce lawyer must coordinate with immigration counsel to ensure divorce timing and settlement language do not inadvertently jeopardize future adjustment options.
Good Faith Marriage Requirement and Divorce
U.S. immigration law requires that all marriage-based immigration benefits be based on a good faith marriage—not a relationship entered into solely for immigration purposes. When a couple divorces, USCIS may review the timing of the divorce in relation to immigration filings.
Factors that may raise red flags include:
- Divorce shortly after receiving a green card
- Minimal evidence of joint life
- Contradictory statements in divorce pleadings or court testimony
Even if the DACA recipient is not applying for a green card through the marriage, USCIS may revisit past applications if they believe there was fraud or misrepresentation.
A Tampa divorce lawyer should avoid including language in court documents that suggests the marriage was invalid, fraudulent, or purely for immigration purposes. Neutral language, focused on irreconcilable differences, is preferable.
Divorce and the I-130 Petition Process
If a U.S. citizen spouse has filed Form I-130 (Petition for Alien Relative) on behalf of a DACA recipient, divorce will terminate that petition. The immigrant spouse can no longer use the marriage to adjust status unless they qualify for an exception, such as a VAWA self-petition.
If the I-130 has already been approved and Form I-485 (Adjustment of Status) is pending, the divorce may still result in denial unless a waiver is available.
A Tampa divorce lawyer must determine whether it is in the client’s best interest to delay or proceed with the divorce based on the immigration timeline.
Conditional Green Card Holders and Divorce
If a DACA recipient successfully adjusted status through marriage and received a conditional green card (based on a marriage less than two years old at the time of adjustment), divorce before removal of conditions creates a new legal hurdle.
To maintain lawful status, the immigrant must file Form I-751 to remove the conditions on their residency. If the couple is divorced, the immigrant cannot file jointly and must instead request a waiver. This waiver requires proof that:
- The marriage was entered into in good faith
- The marriage ended in divorce
- The immigrant was not at fault for the end of the marriage
A Tampa divorce lawyer can help by ensuring that court documents support the immigrant’s claim of a bona fide marriage and providing records to USCIS that establish the marriage’s legitimacy.
When Divorce Creates a Risk of Removal
Although divorce does not automatically trigger removal proceedings for DACA recipients, certain events can elevate that risk, such as:
- A withdrawn immigration petition
- The denial of an I-485 or I-751 after divorce
- An accusation of fraud in the divorce filings
- An expired DACA grant with no pending renewal
A Tampa divorce lawyer should refer clients to immigration counsel immediately if any of these circumstances arise. Additionally, lawyers should avoid making allegations in pleadings or open court that could trigger immigration enforcement actions.
Advance Parole and Divorce
DACA recipients who have traveled with advance parole (a special travel permit) may be eligible to adjust status after returning to the U.S. legally—even if they originally entered without inspection. However, this option is typically tied to a pending or approved I-130 through marriage.
If the couple divorces after the DACA recipient re-enters the U.S. using advance parole but before adjustment of status is approved, the pathway may close unless another petitioning relative exists.
A Tampa divorce lawyer must assess whether advance parole has already been used, whether adjustment has been filed, and whether divorce will compromise any pending immigration filings.
DACA and VAWA Protections
If a DACA recipient was subjected to abuse, coercion, or control by their U.S. citizen spouse, they may be eligible to self-petition under the Violence Against Women Act (VAWA). This includes:
- Physical, emotional, or financial abuse
- Immigration-based threats (e.g., “I’ll get you deported”)
- Isolation, intimidation, or stalking
VAWA protection allows the immigrant to petition independently for a green card without the abuser’s knowledge or participation. It also offers confidentiality and protection from removal.
A Tampa divorce lawyer handling a case involving domestic violence or control should explore whether the client is eligible for VAWA relief and gather court records to support the petition.
Impact on Child Custody and Support for DACA Parents
DACA recipients have the same parental rights under Florida law as any other parent. Divorce courts do not inquire into immigration status when awarding custody, time-sharing, or child support. However, challenges can arise when:
- One parent tries to use immigration status as leverage in custody disputes
- The DACA parent’s work authorization expires, affecting income
- International travel restrictions limit visitation
A Tampa divorce lawyer should include specific provisions in the parenting plan to:
- Preserve the DACA parent’s role in decision-making
- Ensure uninterrupted communication with the child
- Clarify transportation responsibilities
- Prohibit either parent from using immigration status as a weapon
The court’s focus remains on the best interests of the child, not the legal status of the parents.
Alimony and Financial Security for DACA Recipients
DACA recipients may be entitled to spousal support (alimony) under Florida law if the marriage meets the required duration and there is a demonstrated need. Factors include:
- Length of the marriage
- Contributions to the household
- One spouse’s sacrifice of education or career
- Disparity in income
However, DACA recipients must also consider:
- Work authorization renewal timelines
- Loss of insurance coverage after divorce
- Limited access to public benefits
A Tampa divorce lawyer can negotiate spousal support terms that account for these vulnerabilities, including cash support, health insurance continuation, and contributions to educational or licensing costs.
Property Division and Immigration-Related Contributions
DACA recipients often contribute to household purchases, mortgage payments, and shared investments. Florida’s equitable distribution law requires all marital property to be divided fairly—regardless of whose name is on the title.
Issues to consider include:
- Whether the DACA recipient’s income was used to acquire marital assets
- Whether they are on title for real estate, vehicles, or bank accounts
- Whether any assets were gifted to the DACA spouse from the U.S. citizen spouse’s family
A Tampa divorce lawyer must ensure that clients receive credit for all contributions and that property division reflects true economic reality—not just formal ownership.
Enforcing Immigration Neutrality in Divorce Proceedings
Judges in Florida do not base family court rulings on immigration status. But opposing parties may attempt to exploit the DACA recipient’s fears. A Tampa divorce lawyer can file for injunctions or request protective orders if the other spouse:
- Threatens to report the DACA spouse to immigration authorities
- Harasses them using their legal status
- Files unfounded motions related to immigration
These actions may constitute coercion or harassment and can affect custody, property division, and attorney’s fees.
Post-Divorce Immigration Strategy
After divorce, DACA recipients should consult with immigration attorneys to determine whether they can:
- Renew DACA (if eligible)
- Seek permanent residence through another family member
- Qualify for U visas, VAWA, or other humanitarian relief
- Apply for employment-based sponsorship
A Tampa divorce lawyer should help ensure that final judgments and settlement agreements do not interfere with future immigration filings.
Practical Divorce Tips for DACA Recipients in Florida
- Keep Documentation
Maintain records of joint bills, leases, photos, and financial contributions to show good faith marriage if needed. - Don’t Delay Legal Action
Waiting to address divorce may affect immigration filings. Seek legal advice early. - Avoid Fraud Allegations in Court Filings
Don’t claim the marriage was fake or for immigration purposes, even in high-conflict cases. - Stay Current on DACA Renewals
An expired work permit can affect support obligations, creditworthiness, and court credibility. - Coordinate With Immigration Counsel
A Tampa divorce lawyer and an immigration attorney should work together to protect status and legal rights. - File for Support Where Appropriate
Don’t assume you’re not entitled to alimony or child support because of your status. Florida law protects all spouses and parents equally.
Conclusion: Divorce Is Not the End of the Road
For DACA recipients in Florida, divorce is challenging—but it doesn’t have to threaten your legal future. With the right legal guidance, you can protect your parental rights, secure fair financial terms, and maintain eligibility for future immigration relief.
A Tampa divorce lawyer with experience in immigration-related family law cases can help you navigate the process strategically. By avoiding common pitfalls, coordinating filings carefully, and maintaining a clear record of your marriage’s legitimacy, you can emerge from divorce with both your dignity and your legal options intact.
Whether you are in the early stages of separation or already in litigation, understanding how divorce affects your DACA status and future immigration goals is critical. With the right team in place, your rights can be preserved, and your future secured.
FAQ: Divorce and DACA in Florida
Can I get divorced in Florida if I’m a DACA recipient?
Yes. Your immigration status does not affect your right to file for divorce in Florida.
Will divorce affect my DACA status?
No. Divorce does not cancel your DACA, but it may impact pending immigration petitions related to marriage.
Can I still apply for a green card after divorce?
Only if you qualify for an exception such as a VAWA self-petition or if you have another eligible family member or employer sponsor.
Do I lose work authorization after divorce?
No. Your work permit under DACA remains valid as long as you renew on time.
Can my spouse threaten to deport me during divorce?
They can try, but these threats may be considered harassment. The court can issue protective orders.
What if my I-130 petition is pending and we get divorced?
The petition becomes invalid, and your adjustment of status case will be denied unless you qualify for an exception.
Can I get custody of my child if I’m on DACA?
Yes. Florida courts do not base custody decisions on immigration status. The best interests of the child control.
Can I get alimony or support after divorce?
Yes. Florida law provides support based on financial need and ability to pay—not immigration status.
What if I got my green card through a marriage that ends in divorce?
If your green card is conditional, you’ll need to file a waiver to remove conditions. Divorce alone doesn’t cancel your green card.
Should I talk to both a divorce and immigration lawyer?
Yes. A Tampa divorce lawyer can handle the dissolution, but immigration strategy requires coordination with qualified immigration counsel.
The McKinney Law Group: Divorce Attorneys Tampa Clients Rely on for Honest, Effective Guidance
At The McKinney Law Group, we believe in giving our clients straight answers and realistic options. If you’re considering divorce in Tampa, we’ll help you understand your rights and craft a legal strategy that serves your future—not just your present.
We handle:
✔ Contested and uncontested divorce proceedings
✔ Parenting plans and time-sharing arrangements
✔ Division of marital estates, including real estate and retirement
✔ Alimony and child support negotiations
✔ Modification or enforcement of prior agreements
Call 813-428-3400 or email [email protected] to begin your case.