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

UPDATED: Apr 16, 2012

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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


Madan Ahluwalia / Ahluwalia Law P. C.

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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