Legal Question in Family Law in California

Dissolution When Parties are Illegal Aliens

I am helping a friend. She got married in Mexico. They moved to CA. They had to children, both born in CA. Due to his violence, she obtained a TRO in the past, but due to his continued threats of getting her deported, ended up failing to appear for the hrg on the perm order. They separated. He went to Vegas w/ his girlfriend, and it is believed they were married. Upon his return from Vegas, he filed a Disso & OSC (yet only requests the children every other weekend). He has pursued this Disso with a vengence, pressuring her to ''hurry up and sign the Marital Settlement Agreement,'' and continues to threaten her with deportation. Shortly after they separated, a Gov't Complaint to Establish Parental Relationship was filed and a DNA test on the youngest child confimed his parentage. Since they were married in Mexico, should the Disso be dismissed, or should it be consolidated into the CEPR, with that being the base for any custody/support orders? And, do you know what code section or statute provides protection to victims of domestic violence who are being threatened with deportation by their batterer? Please advise. She has little money and cannot afford counsel, so your guidance is truly a gift to her and her two small kids. Thank You


Asked on 8/25/04, 9:55 pm

1 Answer from Attorneys
Jim McCullaugh Law Offices of Jim McCullaugh

Re: Dissolution When Parties are Illegal Aliens

Even if married in Mexico, either of the parties needs to file a dissolution here in Calfifornia. Usually the Family Court wants to consolidate everything. Someone needs to review that martial settlement agreement before it is signed. It could say anything. And it may be waiving some rights to community property. Also suggest she get advice from an immigration specialist re her situation. You can get more information by looking up the Violence Against Women Act online. Suggest also that she seek a pro bono attorney. There are resources. Start with local bar associations and legal aid organizations. Hope that helps a little.

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Answered on 8/25/04, 10:23 pm


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