Mexican Law/Divorce help please
QUESTION: Hello, I hope you can help me with my question. My boyfriend and I would like to get married some day in the near future. The issue is that he is here living in Florida, USA illegally from Mexico. We have been together for 2 years now. He has a wife in Tuxtla Gutierrez, Chiapas, Mexico. They were together for 6 years and separated 3 years ago. They have two children together.
Since he is here illegally - it would be very hard for him to go back to Mexico and file for the divorce from her. He sends her money every two weeks for the children as his form of support for them. We have all that proof. In addition he sends any extra support she may ask for other expenses with the children. He talks to the children on the phone often.
My question is how can we proceed with this divorce from Florida, USA? What are our options? What are the cost? How long does it typically take? If a lawyer is needed to represent us - do you know who we can contact. We dont have a lot of money but need some help.
I thnak you in advance for any information or help you can give us.
ANSWER: Dear Rose,
The most important question is this: Is the wife willing to grant the divorce voluntarily? If so, the divorce will be relatively inexpensive and quick and your boyfriend would not need to return to Mexico. On the other hand, if the wife is not willing to grant the divorce willingly, you could be looking at a long and expensive battle.
Lic. John Lee Ward
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QUESTION: At this moment in time she is willing to give the divorce. What would be the next steps?
If by chance she changes her mind - what would we do next. What can we do?
In both instances what are the minimal to maximum cost. They don't have any assets.
You should contact a lawyer in Chiapas to advise and represent you. Hopefully, the State Law in Chiapas will allow the divorce to proceed by sending a Poder Notarial to your representative in Chiapas. You can get a Poder Notarial from any Mexican Consulate in the US and it costs about $150.
Hope this helps,
Lic. John Lee Ward