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My daughter is separated and considering divorce. She would…

Hello, My daughter is separated...
Hello, My daughter is separated and considering divorce. She would like to know what, if any rights she has in a divorce proceeding as her immigration papers are not completed yet. She was living with her partner for 5 years, then they were legally married in California and have been for 3 years. During that time she has not worked. There are no children by the marriage. She wonders if she would be entitled to spousal support.Thanks,
Don
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Answered in 1 minute by:
1/15/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your daughter's situation.

What is her current immigration status? Does she have conditional residency?

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Customer reply replied 7 months ago
She is my step-daughter and I'm afraid she has no papers at all. She has lived in California for over 15 years.

Unfortunately that may prove to be a probem for her.

If she has no valid legal status in the US she may be subjected to deportation, and she may encounter difficulty enforcing an alimony judgment.

Under CA state law for short term marriages (those that lasted less than 10 years), a spouse is usually entitled to alimony for a time period that's half the length of the marriage.

That means that since she was legally married for 3 years, she would potentially be able to receive alimony for 1 and 1/2 years.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
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Customer reply replied 7 months ago
Thank you.

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

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