Legal Question in Family Law in California
Divorce while green card is in progress
Hi.
I got married in 9/04 to a woman from South America. We are having marital problems. She is in the process of getting her work permit and green card. I am not happy in this marriage and am contemplating divorce. I married this woman for love and not for the papers. But I know this may be sticky since we are in the middle of getting her work permit/green card. I would like to pull the plug now but I'm not sure of the legal ramifications (if I pull the plug now). I am very, very seriously contemplating pulling the plug after all the immigration paperwork goes through. If I do decide to pull the plug on this marriage, what would the legal ramifications be on both me and my wife? Please E-mail me back as soon as possible. Thank you so much for your advice.
2 Answers from Attorneys
Re: Divorce while green card is in progress
This is really more an immigration question than a family law question.
In terms of family law, there is really not much effect on either of you in such a short term marriage.
In terms of immigration status for her, please consult with an immigration attorney.
Reply: Divorce while green card is in progress
From a family law standpoint, if you are the higher income earner, the longer you stay married to her the more at risk you are to pay her alimony, and the more comunity property is accumulated as time marches on.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer as well as an immigration lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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