What are the rights of an illegal woman married to a US citizen, if she wants a divorce?

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What are the rights of an illegal woman married to a US citizen, if she wants a divorce?

And what are her rights to the children that she has with him?

Asked on January 7, 2013 under Immigration Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As long as the woman files the divorce in the proper jurisdiction (i.e. where either her or her husband live), then she has the same rights as any other woman in the U.S. who files for divorce.  She can ask for custody of her children, child support, and if appropriate, marital support.  Considering that some issues could overlap in jurisdictions (namely the U.S. and your native country), it would help your situation if you could find an attorney that has experience in handling family law and immigration issues. 


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