How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask N Cal Attorney Your Own Question

N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8240
Experience:  since 1983
9653905
Type Your Family Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

A couple i know were involve in an unjust situation. In which

Resolved Question:

A couple i know were involve in an unjust situation. In which the husband took his wife and mother of his children to Mexico, got a divorce and custody of the children in Mexico. And left his wife in Mexico without giving her back her Green Card. Is there any way to get her children's custody in the United States.
Submitted: 4 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 4 years ago.
Is she back in the US?

How long were they in Mexico before he filed for divorce there?

Which State did they live in in the US?
Customer: replied 4 years ago.

She is not back in the US as I stated he left her in Mexico without any documentation, as of right now she is at the border and talking with the US consulate to see if she can re-apply for a green card.

 

They were in Mexico for a very short time all the proceedings happed very rapidly. I do know that they had been married for more than 20 years prior to the legalization of the wife and kids. During that time she raised the 4 kids 3 were still under the age of 18 in Mexico while he worked in the US.

 

They lived in Ilinois.

Expert:  N Cal Attorney replied 4 years ago.
My opinion is that the Mexican divorce was not valid, but I would have to know what State in Mexico the divorce was granted in to be able to look into that further.

See http://www.international-divorce.com/d-mexico.htm stating:
Residence requirements: Amendments to the Mexican Nationality and Naturalization Law which took effect on March 7, 1971, require that an alien be a legal resident of Mexico before he may apply for a Mexican divorce. He must obtain a certificate from the Secretaria de Gobernacion (Interior Department) stating that he has legal residence in Mexico and is therefore entitled to institute divorce proceedings. Becoming a legal resident (inmigrante) is a rather complicated, time-consuming process.

Hopefully the consulate will replace her green card, and she can return to the US and file for divorce and custody in Illinois.
Customer: replied 4 years ago.

Would the same be true even though they were married in Mexico. Though i do see how the divorce proceedings were problematic given that they happen in a time span of weeks if not days, and apparently he was also granted cutody of the children in Mexico, though i will assume that will be irrevelant in the United States. By the way the state in Mexico is Zacatecas.

Expert:  N Cal Attorney replied 4 years ago.
http://www.mexconnect.com/articles/1818-know-the-law-in-mexico-marriage-and-divorce-in-mexico
states
Divorces are a little more complicated. Here in Mexico there are 2 types of divorces. The first is called Nicesario . This is a contested divorce where the parties do not agree and need to fight it out in court. This process will be very expensive, and the only winning party will be the lawyers. The courts are pretty tight here concerning the split of the assets, which is normally 50/50. Throw in custody battles, and off-shore pensions, and this could drag out for years. The minimum time to complete this type of divorce is one year.

The second type is Voluntario. This is where both parties agree to all terms, and have an agreement drawn up to supply to the courts. The judge will review this and then meet with both parties to determine if in fact this is the way they want to proceed. The judge will usually call two of these meetings. These uncontested divorces generally take 3-6 months

I am thinking the husband actually procured a fraudulent divorce. You said he did this in a matter of weeks.

I could not find information specific to Zacatecas but since they had lived in Illinois over 90 days prior to this, Illinois had jurisdiction over the marriage, see
http://www.divorcesource.com/info/divorcelaws/illinois.shtml
and I do not think they were resident in Mexico long enough for Mexico to have jurisdiction even if they were both Mexican originally nationals.

She needs to get back to Illinois or at least hire an attorney there to file for divorce and custody in Illinois.
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 8240
Experience: since 1983
N Cal Attorney and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you for the information!
Expert:  N Cal Attorney replied 4 years ago.
Thank you for accepting my answer, and for the bonus!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 

Related Family Law Questions

Chat Now With A Family Lawyer
N Cal Attorney
N Cal Attorney
1037 Satisfied Customers
since 1983