Legal Question in Family Law in Massachusetts

Is my marriage legal in USA?

I am asking a question for a friend who is a Mexican male living with his parents in the USA. He had a civil marriage in Mexico. He has been separated from his wife for 4-5 months. She also lives in the USA. He has tourist status. He wants to know what the law states about his marital status. He wants a divorce, but his wife will not give him one. If he stays in the USA can he seek council from a USA lawyer or must he return to Mexico to persue a divorce. Is his marriage even recognized in the USA?


Asked on 12/05/02, 8:03 am

1 Answer from Attorneys
John Pierce Law Office of John R. Pierce

Re: Is my marriage legal in USA?

If Mexicans married in Mexico, then of course their marriage is recognized in the United States.

To obtain a divorce in the United States one party must be a resident of the state in which the divorce is sought. I do not happen to know whether or not a person with tourist status could conceivably qualify as a resident for purposes of obtaining a divorce, but I would tend to think not. That question has never arisen in my practice.

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Answered on 12/05/02, 8:35 am


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