How can I get a divorce from an illegal immigrant and get full custody of our child?

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How can I get a divorce from an illegal immigrant and get full custody of our child?

We have been seperated a couple of years now, not through court. I am currently unemployed, so not much money available for all court/lawyer fees. Is our marriage even legit since he is illegal?

Asked on April 16, 2012 under Family Law, Florida

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

His illegal status has no bearing on marital status. Marriage is a social & civil right and status is conferred based on marriage. Being illegal is an immigration status issue. 

You have to get divorce through regular channels as dictated by State of California under Family court i.e. by filing for dissolution of marriage in Superior Court of California and getting a judgment and other orders (custoday etc).

If you don't have funds, you following choices:

1. Conctact self-help center in Superior Court of California in your County. Each county court has such center.

2. Locate a Pro Bono Project and they have help available for unemployed people.

3. Locate a form preparer. They can help prepare the forms and guide you. Your success is based on their experience and accuracy.


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