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How do we go about getting divorce we live here in ca.
Anonymous3 views3 answers
My boyfriend and I have lived together for 3yrs ,but he's still married in Mexico with 3kids .He's been separated for 5yrs an still supports them .His wife doesn't want to give him a divorce an says she won't untill he buys her a house in Mexico an that's the only way she will give him a divorce .Also I'd like to explain he is undocumented here in USA .
THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney. The only person who can give your boyfriend a divorce is a Judge. It does not matter at all what his wife wants. If he can satisfy a Judge that he meets the CA statutory requirements for a divorce, then it will be granted. To properly answer your questions and address your concerns, the best way to handle this is by retaining an experienced CA matrimonial and immigration attorney. Use 's Find a Lawyer tool to select a qualified attorney. Good luck.
He should consult an attorney in Mexico. He puts himself at some risk trying to divorce in CA because the CA courts cannot reach his wife to issue orders. They can divorce him in status only, but not make orders otherwise. A Mexican court can do it all, so that is the best bet. His status will not stop him from getting a CA divorce if that is the only option.
He can file for Dissolution of Marriage if he's lived in CA for 6 mos and the county for 3 months; he does need to get her served with the filed documents in Mexico (and I'd advise using a process server specializing or knowledgeable in Mexican service) but once served, the divorce can proceed with her, if she files a Response, and without her. As another mentioned, he can only get 'status' but that is good enough to be divorced (just doesn't include property division or custody of children)
