Does an illegal spouse have rights if her husband, who is also an illegal, abuses her and abandons her?

UPDATED: Apr 6, 2012

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Does an illegal spouse have rights if her husband, who is also an illegal, abuses her and abandons her?

An illegal mother of 3 children, 1 of whom is an American citizen, has a husband who is also an illegal. He physically abused and abandoned her. Does she have any rights? What can the mother do? Can she fight for child support?

Asked on April 6, 2012 under Family Law, Texas


Alan Pransky / Law Office of Alan J Pransky

Answered 10 years ago | Contributor

Immigration status has nothing to do with family rights.  An illegal spouse has the same rights in Massachusetts divorce proceedings as a legal spouse.  She can file a divorce action and if she gets custody will also get child support.

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