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How can a couple file for Divorce, who entered in US as a Tourist Visa but overstayed for years. Do they really need a lawyer?

Fremont, CA |
Attorney answers 4


You need to consult with a family lawyer. Your immigration status does not effect divorce proceedings.


This question is for the family law section. Immigration is not involved here.


Divorce and immigration are totally separate. Immigration does not monitor divorce filings. Cost and need for appearance depend on the facts of your case.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.


Our office has maintained a family law practice in Alameda County, Santa Clara County and Contra Costa County for the past 31 years. I have represented several thousand of individuals in family law matters.

There is a crossover between Federal Immigration Law and the State of California Family Law Court. You need to file in the county where you resided during the last three months and you also must have been a resident in California for six months. The issue of do you need a lawyer is decided by what issues you have to deal with in regard to the divorce, are their assets, debts, children, retirement plans, or things you definitely cannot agree about or reach a resolution? If you have all these issues you certainly need legal counsel. The other issue is timing. If you have competent legal counsel they can go A to Z and get this case resolved at the earliest possible moment. If you attempt to do it yourself it could possibly be a disaster and it will take you a lot longer to accomplish the ultimate goal.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

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