Legal Question in Family Law in Mexico

I am a U.S. Citizen, born in New York City. I am fully disabled and live on Social Security Income. Two years ago I met a woman who was visiting the United States. We kept in touch, I visited her a few times, and in January of 2009 she moved to the U.S. In April of 2009, we married. I obtained for her a Green Card and Social Security Card during the last year. I paid all the bills, and she contributed to buying the food. She did not like the U.S. and asked me to take her back to Mexico. She said we could do better financially there, and I could get better treatment for my medical problems (disablity). Before leaving, she insisted I put her name on my bank account and also my Pension. Since we arrived in Mexico in December of 2009, my wife has not put my name on her bank account, nor on her condo lease, nor on any official document. She has been abusive, staying away from the house for long hours, sometimes 15 hours at a time. Three days ago I asked her for a divorce. I do not have enough money to buy a plane ticket to fly home. She has sapped me of almost every dime I have. All I have left is a few thousand in my Pension, but I need her signature to access it. Question: does she have the legal right under Mexican law to kick me out of the house? I have an official copy of our marriage certificate with apostille. Can I stay here until I have enough money to fly back to the states? I spent a literal fortune moving us here, and it is so painful to think that I will have to leave all my things behind. I was told by a good authority that a divorce would take at least a year (6 months for me to get my FM2 Visa, and then another 6 months to get a divorce). I do not want to spend another penny on this woman. But I have no where to go if she kicks me out. Please help.


Asked on 4/30/10, 7:59 am

1 Answer from Attorneys

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Answers:

1.- No, you have rights as husband you are. Is not possible. You can stay at home.

2.- Yes, of course. It's your right too.

3.- If you need some help, you can contact to your Embassy and explain your case. Several times is possible find an option for cases as yours. Contact: http://Mexico.USembassy.gov

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Answered on 4/30/10, 2:00 pm


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