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?
3 Answers from Attorneys
The same way as if she was in the country legally.
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.
Immigration status is COMPLETELY irrelevant to a divorce except to the extent a pending deportation would affect custody of children.