# Divorce and Residency



## Hutch1632 (Jan 22, 2013)

Hello, I am an American living with my wife in Mallorca. She is also an American but also holds an EU passport. I received my residency through her since we are married and normally I wouldnt be able to live there with simply a US passport. On the back of my residence cards states that I am "familiar ciudanado" and it shows her name and NIE number. My wife wants to divorce me and leave spain. I want to stay and work and pay taxes and get an apartment, buy a car, and live indefinitely without her.

If we divorce, will I be able to stay in Mallorca? What if we only legally separate? Are there any areas in which to make this happen?

We have only been married for one year and got married in Mallorca. No adultery, no reason for divorce other than she just wants to leave me

Thank you for your help ahead of time, I need all I can,

Cheers


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## xabiaxica (Jun 23, 2009)

Hutch1632 said:


> Hello, I am an American living with my wife in Mallorca. She is also an American but also holds an EU passport. I received my residency through her since we are married and normally I wouldnt be able to live there with simply a US passport. On the back of my residence cards states that I am "familiar ciudanado" and it shows her name and NIE number. My wife wants to divorce me and leave spain. I want to stay and work and pay taxes and get an apartment, buy a car, and live indefinitely without her.
> 
> If we divorce, will I be able to stay in Mallorca? What if we only legally separate? Are there any areas in which to make this happen?
> 
> ...


you really need an abogado to tell you the ins outs - one who knows immigration law......

but my instinct from what I _do _know (I'm not a lawyer but you'd be surprised what you can learn doing translations!) is that your residency here _depends upon_ hers, so it's unlikely that you could stay once divorced


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## grandamary31 (Oct 23, 2012)

You need to be married 3 years to stay on your own, otherwise all immigration laws apply, same as with any American.


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## xabiaxica (Jun 23, 2009)

grandamary31 said:


> You need to be married 3 years to stay on your own, otherwise all immigration laws apply, same as with any American.


ahh - I thought there might be some sort of time restriction, presumably to avoid 'marriages of convenience'?


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## thrax (Nov 13, 2008)

What if they legally separate but don't get divorced until the 3 years is up?? A lwyer is definitely required I think...


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## grandamary31 (Oct 23, 2012)

If a partner is deriving his residency from marriage to a Spaniard, they must be living
together to keep their rights. So a legal separation would not be feasible.


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