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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
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Experience:  since 1983
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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: 7 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 7 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 7 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 7 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 7 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 7 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 and other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
thank you for the information!
Expert:  N Cal Attorney replied 7 years ago.
Thank you for accepting my answer, and for the bonus!