Legal Question in Family Law in California

my son is married to an illegal women from peru. They have two kids. They are having alot of problems. How does he start a divorce with child custody stuff if she is illegal?

Asked on 7/23/12, 4:37 pm

3 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

The same way as if she was in the country legally.

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Answered on 7/23/12, 4:40 pm
Peter Tuann Law Office of Peter Tuann

Her immigration status does not stop a divorce case, if he wants to divorce her, he can. She should have sought a green card earlier.

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Answered on 7/23/12, 4:41 pm

Immigration status is COMPLETELY irrelevant to a divorce except to the extent a pending deportation would affect custody of children.

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Answered on 7/23/12, 4:47 pm

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