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California divorce form question

San Francisco, CA |

Everyone says that there is a complaint form when you petition for divorce where you can write why you are divorcing...this is different from what is already written there. When filing the Fl-100 i think, i did not see where I had to write my complaint, if I did see a place, I would have wrote down fraud. So where is that section because this is what it says pertaining to reasons fro divorce: "The USCIS will review the divorce decree and complaint for indications that the marriage was entered into purely for immigration purposes or to perpetrate fraud against the United States citizen spouse or the USCIS."
So if I filed for divorce, where was I supposed to write my complaint or where on that decree (i am assuming the judgement) that I had to write my complaint. I'm confused.

Attorney Answers 3


  1. There is no such thing as a divorce based on fraud. California is a no fault state. If you want a nullity based on fraud, you check the box on the Petition form. There is no place for you to write in an explanation. Also, USCIS will not review your divorce form. You may send it to them and they may put it in the file of the person and they may consider at some time in the future when the person applies for a green card or for citizenship but no one will review it and go after your spouse. They don't have the manpower to pursue individual complaints like yours.

    Michael Schwerin, San Jose, California phone: 408-295-4232 email: schwerin@ix.netcom.com. Consultation fees, rates and retainers vary based on need and ability to pay.


  2. I am not an immigration attorney. However, my colleague above is correct that you cannot seek a divorce for fraud. California is a no-fault divorce state (so the reasons behind the divorce do not matter).

    However, you are able to seek an annulment based upon fraud (FL-100, Section 6(d)(4)). Annulment is different from divorce in that nullity of a marriage makes the marriage void at the point in which it was entered into, so it is as though the marriage did not occur. The burden to prove the fraud (or basis for nullity), however, is upon the petitioner.

    DISCLAIMER The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.


  3. California is a no fault state. This means that the state is not interested in determining who is to blame for the irreconcilable differences. However, page 2 of FL100 does provide for reasons for your request for divorce.

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