Legal Question in Family Law in North Carolina
Legal requirement to get married
My husband left Mexico to come to the USA to work. He left me behind with my son. Somehow, he obtained his green card while in the USA. After sometime, he married a woman in North Carolina and they had children. I have never signed any divorce papers, now 14 years had past and I have the following questions:
I am legally married to my husband?
Is my husband married here in the USA legal?
Is he responsible to provide (monetary) help for my son and myself?
What is my legal recourse in the USA?, I am a Mexican citizen
Thank you for your help, any information will be greatly appreciated.
2 Answers from Attorneys
Re: Legal requirement to get married
The United States will recognize your Mexican marriage. If he never obtained a divorce from you, he is still married to you and (depending upon North Carolina law) not married to the other woman.
Regardless, if you have a valid support order for yourself or your son, it is enforceable in the United States. You will need to contact a family law attorney. International law is extremely tricky. If you live in Texas, you might try the local office that handles past due child support (in Austin, that would be the Travis County Domestic Relations Office). They may be helpful.
Re: Legal requirement to get married
Your inquiry indicates that it was sent from the Houston area. I don't know what your status is in the US, but it doesn't really matter as long as you are residing in TX. First of all, your marriage to your husband is legal in the US. I hope you have a marriage certificate from Mexico to prove your marriage. It would be up to your husband to produce a divorce decree from Mexico to prove otherwise. Secondly, your husband is at least 14 years in arrears for child support. You can bring this claim in TX and serve your husband in NC and he will have to appear here to answer your claim. If you want my assistance in this matter, contact me by e-mail.