Legal Question in Family Law in California

If i am not a U.S. citizen and married to a U.S. citzen but concidering divorce what legal rights do i have? I also have a child the is from a previouse marrage who is a citizen and another child from this marrage that is a natural born citizen.


Asked on 4/06/10, 8:14 am

2 Answers from Attorneys

Your question is way too broad to answer. What are your rights? There are complete three and four book sets about rights and duties in divorce. The annotated Family Code runs over a half dozen volumes. You could easily fill a small library with the books on the rights you have. All I can tell you is that, other than the immigration implications for your residency status, you have the exact same rights and responsiblilities in a divorce as a citizen has.

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Answered on 4/11/10, 12:04 pm
Tina Chen Law Office of Tina Chen

In family law, your immigration status is not relevant to the proceedings. You cannot be denied custody or support merely because you are not a US citizen. Obviously, a divorce will have an impact on your residency status, but the family law courts will not inquire into this. Hope this helps. Good Luck!

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Answered on 4/11/10, 4:15 pm


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