Legal Question in Family Law in California

I have a boyfriend and we've been together for about 5 years now. I am a US citizen and his visa has expired. He is also legally married out of the country. Can he get a divorce in the State of California? I have read about divorce by default and other inquiries related to this matter. We've been wanting to marry ever since but there's this delay. He has been separated with his wife for about 7 years now. I need help.

Follow up question: He's been living in California for more than 6months.The wife is out of the country and never been to USA. I have 2 concerns-1) Divorce and 2) INS. Thank you


Asked on 6/20/11, 7:28 pm

1 Answer from Attorneys

Your boyfriend can file in the US, regardless of immigration status, but he will have trouble getting jurisdiction over his wife if she contests it. Probably the best thing to do is file in CA, have her served (no easy task since you'll have to do it under the Hague Convention) and see if she contests jurisdiction or just cooperates so she can be free too. The other option is to proceed where she is located. If that is feasible it would be quicker. As for INS, you don't say what your concerns are, so there is no way to address that. You already know he is here illegally and subject to deportation. What else do you want to know?

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Answered on 6/22/11, 1:54 pm


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