How to Divorce a Spouse Who is Banned From Entering the U.S.A.

[jjd2011]

My question involves a marriage in the state of: California

My wife owns property in Mexico I bought for her and is in her name. I own a house in California, her name is not on the title. I owned this when we got married, stated 'seperate estates' on the Mexican marriage certificate. She has a son born in the U.S.A with a prior Mexican national divorced husband.

What are my liabilities with Divorce if I process the divorce here, or alternatively if she processes it in Mexico. I don't know if I can get an address where she lives now as she no longer lives in the property she owns in Mexico. Do California community property laws apply to my situation if she hasn't been legally qualified to reside in this state the whole duration of our marriage?

Would I be liable for alimony or child support as I never legally adopted her son?

 

[mistoffolees]

My question involves a marriage in the state of: California

My wife owns property in Mexico I bought for her and is in her name. I own a house in California, her name is not on the title. I owned this when we got married, stated 'seperate estates' on the Mexican marriage certificate. She has a son born in the U.S.A with a prior Mexican national divorced husband.

What are my liabilities with Divorce if I process the divorce here, or alternatively if she processes it in Mexico. I don't know if I can get an address where she lives now as she no longer lives in the property she owns in Mexico. Do California community property laws apply to my situation if she hasn't been legally qualified to reside in this state the whole duration of our marriage?

Would I be liable for alimony or child support as I never legally adopted her son?

1. Is she banned from entering the U.S. or simply not able to qualify for residency?

2. Note that the U.S. courts will not have jurisdiction over the place in Mexico. However, the CA courts can offset the value of the Mexican place against the CA place so that you might not have to give up the CA place.

3. Have you used marital assets (such as your income) to pay for the upkeep of the home?

Frankly, your situation is complicated enough that I'd probably see an attorney to try to sort it out.

 

[jjd2011]

I have been, and continue to, pay for all the bills at the mexican house and have sent her funds to live on. Keep in mind, our Mexican marriage certificate is based on separate estates. She is banned from coming to the U.S.A. due to an expedited removal before we got married. Married 6 years now. My question is how can California community property laws affect this marriage when she hasn't lived here and our Mexican marriage states separate estates.

 

[Ohiogal]

I have been, and continue to, pay for all the bills at the mexican house and have sent her funds to live on. Keep in mind, our Mexican marriage certificate is based on separate estates. She is banned from coming to the U.S.A. due to an expedited removal before we got married. Married 6 years now. My question is how can California community property laws affect this marriage when she hasn't lived here and our Mexican marriage states separate estates.

Because you ARE a resident of the US and of California and if you file for divorce, CALIFORNIA law governs your divorce.

 

[jjd2011]

Regarding my california home, there is no equity. She has sold many of the cars I've bought her. I've got probably around 20K in business equipment which includes my two vehicles and I'm a sole proprietorship. I reported less than 10K in income last year.

 

[jjd2011]

What if she processes the divorce in Mexico?

 

[mistoffolees]

What if she processes the divorce in Mexico?

Then you would be divorced, but Mexico would have no jurisdiction over your place in CA.

Please do yourself a favor and see an attorney.

 

[LdiJ]

Regarding my california home, there is no equity. She has sold many of the cars I've bought her. I've got probably around 20K in business equipment which includes my two vehicles and I'm a sole proprietorship. I reported less than 10K in income last year.

I think that this is going to come back to seriously bite you in the butt. You stated that you reported less than 10k in income last year yet you supported two separate households (at least one with a mortgage since you there is no equity in your home). There are going to be some real questions raised on just how you managed to do that on only 10k in income.

 

[mistoffolees]

I think that this is going to come back to seriously bite you in the butt. You stated that you reported less than 10k in income last year yet you supported two separate households (at least one with a mortgage since you there is no equity in your home). There are going to be some real questions raised on just how you managed to do that on only 10k in income.

I agree. While it's theoretically possible (I had extensive business losses in an LLC for 3 years which wiped out my significant salary income, so it's possible), it's going to raise enormous red flags. OP needs to be sure that his finances are in order.

 

[jjd2011]

As much as I've sent her over the years to support her, she's gotta have something to hang on to going forward. We got married there, why divorce here? I'm just gonna review an English-translated divorce copy and sign it in front of a notary there. Screw this California communist property BS. I'm gonna take care of her the rest of my life, give her the house down there and probably end up living as long as I can in my house here until it forecloses or do a reverse mortgage if enough equity comes around. Ha. When that runs dry, then I'm moving to Mexico, collect my government checks and live like a king there playing piano and joyfully painting beautiful pictures with her by my side as a really cute girlfriend instead of this nonsense wife crap. Life is Law, right?

 

[jjd2011]

Yep, self-employed. Business expenses. And as far as the house down there, dirt cheap with expenses.

 

[jjd2011]

WTF does California have to do with my divorce in Mexico. Squat! That's what!

 

[Proserpina]

WTF does California have to do with my divorce in Mexico. Squat! That's what!

Are you in therapy?

It may be of great help to you.

 

[jjd2011]

Oh yeah, I'm in therapy alright. It's being administered by this country's immigration policy. Try it on for size and let me know how it works for you. If you ever make it down to Tijuana, imagine heading out to the beach with your alien spouse and spending a little time together at the ocean's end of the international border and point your eyes, nose and ears towards the U.S.A with their patrols. Let that therapy slowly seep into both of you, each within your own shoes - just soak it up, would ya? THEN tell me how much Mexico relates to anything in California. What's really cool, is the fence on the beach is down and a large temporary pier is being built on the USA side. Step into the California and the patrols come running. Very therapeutic. Great comment by the way. Helped alot.

 

[Proserpina]

Oh yeah, I'm in therapy alright. It's being administered by this country's immigration policy. Try it on for size and let me know how it works for you. If you ever make it down to Tijuana, imagine heading out to the beach with your alien spouse and spending a little time together at the ocean's end of the international border and point your eyes, nose and ears towards the U.S.A with their patrols. Let that therapy slowly seep into both of you, each within your own shoes - just soak it up, would ya? THEN tell me how much Mexico relates to anything in California. What's really cool, is the fence on the beach is down and a large temporary pier is being built on the USA side. Step into the California and the patrols come running. Very therapeutic. Great comment by the way. Helped alot.

You're welcome.