Mexican Law/divorce from a Mexican national
QUESTION: Dear John Lee Ward.....I am a US citizen in the middle of a "self help" divorce from a Mexican person that I haven't seen for 40 years. We married in Berkeley, Calif. Then he returned to Mexico after two years and I suspect he is married with a family. Would it simplify my divorce here if I can prove he is married to someone in Mexico. We do not have property or children. California divorces are hellish to say the least and I am buried under paper work. I am 72 and it is stupid that a judge can't just simply grant me a divorce. How would I find that information and would it help me if I did. I thought of calling the Mexican Consulate in SF to see if they could get that info. Thank you for any answers or suggestions. Sandra
ANSWER: Dear Sandra,
In Mexico, if a married couple has no minor children and there is no dispute as to property, a divorce can be granted simply by filling out a form and paying a small fee. Is your "husband" agreeable to the divorce? Are you still in contact with him?
Regarding divorce in California, I can not help you. I am a Mexican attorney, not a US attorney.
Lic. John Lee Ward
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QUESTION: Thank you.
I thought that if I had information that my "husband" had married in Mexico (without divorcing me) and could prove it .......it would in essence say to the court here in Calif. that he removed himself voluntarily from the marriage with me and perhaps I wouldn't have to fill out the stacks of paperwork re: finances etc. that confronts me. My life is an extremely modest one and there is nothing to get (no lottery winnings or houses etc.) maybe he would want to attach my Social Security. Hah, he wasn't that kind of person. I'm just trying to simplify this process of divorce which goes on and on. (at least in the do-it-yourself world)I wish that we had the system of divorce you have in Mexico! Thank you! Sandra Oseguera
I am not a licensed attorney in the United States, but if he was legally married before he married you, I would think that you could get the second marriage annulled. That might be a more simple process and maybe you could do it pro-se.
Its worth looking in to.