What is Necessary?

[cicidia]

What is the name of your state? Ga

my "spouse" and I have been together 15 years, we have 3 children and a home we have been paying for for about 6 years.
We were married in Mexico in the Catholic Church.He is a permanent resident and I am a US citizen. In Mexico, 2 ceremonies are required for a marraige to be legal if the marraige is performed in the Catholic Church. Since my marriage did not include the civil service which I was told had to be done through the US consulate there, they weren't availible at the time(Christmas Holidays) How do I go about getting a divorce if indeed that is what I need, and how can I protect myself and the children from loosing the only home they have known (he is the main income source) I work only part time hours. I can't afford a very expensive attorney, and I also fear reprocussions, as he has no clue i am considering this.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Ga

my "spouse" and I have been together 15 years, we have 3 children and a home we have been paying for for about 6 years.
We were married in Mexico in the Catholic Church.He is a permanent resident and I am a US citizen. In Mexico, 2 ceremonies are required for a marraige to be legal if the marraige is performed in the Catholic Church. Since my marriage did not include the civil service which I was told had to be done through the US consulate there, they weren't availible at the time(Christmas Holidays) How do I go about getting a divorce if indeed that is what I need, and how can I protect myself and the children from loosing the only home they have known (he is the main income source) I work only part time hours. I can't afford a very expensive attorney, and I also fear reprocussions, as he has no clue i am considering this.

My response:

How long have you known that your marriage wasn't lawful under Mexican law?

IAAL

 

[cicidia]

I have known since approximately 2 years after we are married.

 

[I AM ALWAYS LIABLE]

My response:

Since you failed to obey Mexican law, you're not married and the United States doesn't recognize your church "marriage". Since you didn't get married in the United States, later on, then you're not married. Therefore, you don't need a divorce.

Unfortunately, since you knew, for all these years that you weren't properly and legally married under Mexican law, you can't even claim "putative spouse" status - - meaning, you didn't even have a "good faith" belief that you were married.

You can walk away.

IAAL

 

[cicidia]

what is necessary?

So then it would only be a custody hearing? And how do I protect my home for my children?

 

[I AM ALWAYS LIABLE]

Re: what is necessary?

So then it would only be a custody hearing? And how do I protect my home for my children?

My response:

You make an appointment to see your local Family law attorney, that's "how".

IAAL