Legal Question in Family Law in California

Will the Process be Stopped?

I have been married to a non-resident/non-citizen for almost 6 months. I think that we will end up getting a divorce because he is a liar, I think he has been cheating and we argue and fight constantly. There are no children innvoled and so I think it best to divorce. The thing is this: We are int the middle of getting his residency and all of his legal documentation. Will the process be stopped if I get a divorce? How long will everything take? What information can you give me on this? Thank you.

NONA


Asked on 3/22/04, 11:28 am

3 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: Will the Process be Stopped?

There is a strong probablility that the process will be stopped. You say you are in the middle of getting his residency. I assume that is to make him a legal resident. If he has conditional residency now, he must remain married for two years, so would probably prevent him from getting permanent residency. Talk to an immigration attorney, he can give you a better answer. Your husband should consult one in any event. Pat

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Answered on 3/23/04, 11:07 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Will the Process be Stopped?

Look out for #1 (yourself) first. Let him worry about the visa consequences, if any. The process takes about 6 months before final judgment is entered. See a family law attorney in whom you have confidence.

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Answered on 3/22/04, 11:43 am
Damian Nolan Law Offices of Damian M. Nolan

Re: Will the Process be Stopped?

If you are having problems in your marriage then you need to look out for yourself regardless of whether a divorce will affect your husband's immigration status.

If your husband wants to know what to do he should consult an immigration attorney. However, it is not your problem and if you allow it to become your problem then in all likelihood the person to suffer in the end will be you.

The guy cheated on you and argues with you and nevertheless expects you to remain in a broken marriage while he goes through the immigration system?!

Do yourself a favor - hire an attorney and get yourself a divorce and move on with your life.

Damian Nolan.

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Answered on 3/22/04, 11:56 am


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