Divorce: Married to illegal immigrant who already has been deported from US

[Ohiogal]

I'm not getting it.



an action can be illegal in one state while it is legal in another. If the initial action was illegal in the home state but in a new state, it is legal, how can the action be upheld as legal if it was illegal since its inception? The contract was never valid yet the new state will enforce it as if it was. That isn't making any sense to me.

How are you assuming the marriage wasn't legal? The wife married her husband -- using an alias is NOT necessarily illegal. It is not smart but it is not necessarily illegal. Just because the man was deported for lying to immigration does NOT mean the marriage was illegal. If they got married legally, then the marriage was legal. They had a marriage license? They went through the proper steps to get married. They sent in the license? The marriage then would be legal unless she meets the qualifications of being underage, being already married or a few very scant other reasons. Which don't appear to be present. Hence she is legally married to someone who used an alias and is known by at least two names.

 

[justalayman]

Ohiogal;3082640]How are you assuming the marriage wasn't legal? The wife married her husband -- using an alias is NOT necessarily illegal

.I realize an alias is not illegal. I was speaking to the possibility of something in the inception of the marriage being illegal. If it wasn't illegal in California, it likely isn't illegal anywhere and given the time, most likely not eligible for an annulment at all.


Fraud is the only possibility I can see that even might be in the running but without a lot more info, even that is just speculation.

This has kind of gone off topic of the OP's situation and into a general discussion, at least for me. Why I said she needed to deal with California for the annulment is it is not likely she is eligible for an annulment anywhere other than California. That would mean, unless the marriage was illegal in California, she isn't likely to get an annulment anywhere. So, that took me back to: seeking an annulment in California and where we are.

So, at least for my own education;

IF the marriage was illegal in California but not necessarily anywhere else. Where would the proper venue to seek an annulment be?

 

[Ohiogal]

.I realize an alias is not illegal. I was speaking to the possibility of something in the inception of the marriage being illegal. If it wasn't illegal in California, it likely isn't illegal anywhere and given the time, most likely not eligible for an annulment at all.


Fraud is the only possibility I can see that even might be in the running but without a lot more info, even that is just speculation.

This has kind of gone off topic of the OP's situation and into a general discussion, at least for me. Why I said she needed to deal with California for the annulment is it is not likely she is eligible for an annulment anywhere other than California. That would mean, unless the marriage was illegal in California, she isn't likely to get an annulment anywhere. So, that took me back to: seeking an annulment in California and where we are.

So, at least for my own education;

IF the marriage was illegal in California but not necessarily anywhere else. Where would the proper venue to seek an annulment be?

She couldn't seek an annulment in CA unless she/hubby is a resident there. The proper venue for a divorce/annulment is where she is residing which seems to be Mexico -- also where hubby is.

 

[justalayman]

She couldn't seek an annulment in CA unless she/hubby is a resident there. The proper venue for a divorce/annulment is where she is residing which seems to be Mexico -- also where hubby is.

so basically, I could get married in one state illegally and move to another state where the issue was not illegal and the marriage is not contestable on those illegal grounds because the current resident state accepts whatever it was as legal?

Doesn't seem right but I guess it is what it is.