I am trying to fill out the paperwork for a Pro Se divorce, and I am trying to figure out if I am actually able to qualify for one. My husband has a green card, so he isn’t a U.S. citizen. However, I am a U.S. citizen. In the paperwork it states that the defendant is “a citizen and resident of” ____ (County, State), however, he is only a legal resident, not a citizen. Also, there are no children from this marriage, and no joint property, if that makes any difference. Do I qualify for a Pro Se divorce? Will his non-citizenship cause me problems in the divorce? I’m having a hard time pulling together the $225 fee to file, so I know I can’t afford an attorney. The stress is really eating me up. Please help, thank you.
In the sample complaint, the term citizen does not refer to his legal citizenship status in the United States. It simply means that he is an inhabitant of that location. His citizenship status should not impact your ability to obtain a divorce.