QUESTION
What should I do if I want divorce and child support but don’t want my ex to be deported?
Asked on Jan 22nd, 2013 on Divorce - California
More details to this question:
We were together for almost 9 years and we have a daughter who is about to be 9 years old. We got married few months our daughter born. My ex who is still my husband got separated since August of last year. He is an illegal in this country. I want to file divorced and full custody and child support on him but am scare immigration will grab him and deport him back to his country therefore I don't want that because my daughter loves him and he loves her too. We being on and off on our marriage for the past years and he never gave me money to help.
4 ANSWERS
Family Law Attorney serving El Cajon, CA
at
Law Offices of Sheryl S. Graf
Update Your Profile
Merely filing for divorce does not result in automatic deportation. Divorced or not, if your husband is in this country illegally, he is subject to possible deportation. I recommend that your husband contact an attorney experienced in handling immigration matters for specific advice on how to obtain legal status in the U.S. The information presented here is general in nature and should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.
Answered on Jan 28th, 2013 at 7:55 PM
Family Law Attorney serving Irvine, CA
at
Law Office of Julie A. Ringquist
Update Your Profile
In California, there are not any questions about whether either parent is properly in this country, the only way the issue comes up is if one parent is concerned that the other parent may be deported and it could have an effect on custody/visitation only. I have never heard of anyone being deported based on filing a divorce or child support case.
Answered on Jan 25th, 2013 at 9:12 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
The judge will not tell Immigaration. His status is irrelevant for family law. File for divorce and support.
Answered on Jan 25th, 2013 at 10:22 AM
You may want to contact an immigration attorney to discuss this in greater detail; however, there's nothing in the divorce process (especially if the parties agree on the terms) that would automatically call your husband's status to anyone's attention.
Answered on Jan 25th, 2013 at 10:22 AM