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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 825
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I'm a citizen, but I do have a close friend that went thru

Customer Question

I'm a citizen, but I do have a close friend that went thru the legal channels to get their legal green card with an attorney whom has been arrested for fraudulent, back in the days, but her husband never persued to get it right due to monies situations and they ended up staying in the U.S. over 20yrs, made a life here.
Now the husband after so many years established their home here have plenty of assets, he committed adultery became abusive, and the wife call the authorities and is filing for divorce. what would be her rights. I just feel so bad, the fact, that they all come from good families and highly respected.
My question is, the husband went to IRS to switch his name over to his wife, left her stranded with mortgage, they have a son whom they put thru college here in U.S. but the son is totally in denial with the situation. The husband was the sole provider, and she never worked here in U.S, her profession was hair styles,
Now she has filed for divorce has to go thru domestic violence program just to get her record cleaned, considering its so degrading for her, as she never been involved with the law, all I'm asking, what are her rights as being in U.S. over 10yrs even though she has no papers as an immigrant? the husband is no longer in house as thru the courts was told to stay away from the home. What are her rights.
Please advised.
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.

Her rights in this situation are not dependent on her status as a legal or illegal immigrant. Her rights will be dependent on the state she lives in. These can be found in the statues dealing with divorce for the particular state that she lives in. She may have some rights to income/retirement benefits earned during the marriage, and the right to remain in the house if the Judge has awarded it to her. However, if she is awarded the house, she will also likely have to pay the mortgage. She may be granted alimony or spousal support if she can show that her economic status requires some help, and she can show that he was abusive.

If there are no minor children, child support and custody shouldn't be an issue. She should definitely sit down with a family law attorney if she hasn't already.

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