Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced legal professional.
Especially, seek out an immigration attorney for all immigration issues.
California is the US’s most populous state, and like other places in the US, it is a multi-cultural society. People come to live and work in California from everywhere in the world. They may get married to US citizens or they may come to the US as a married couple while retaining ties to other countries. International couples who are getting a divorce in California may be in the process of applying for permanent residency or their US immigration status may be tied to work, marriage or other relatives.
Navigating immigration status in divorce is sensitive and it can affect the couple and other people connected to the family, such as their minor children or other relatives whose immigration status depends on the status of the couple.
When immigration issues impact divorce it can be challenging and stressful, but there are ways to reduce stress and bring clarity and peace of mind to divorce. Divorce mediation is a non-adversarial divorce process that is particularly suited for divorces where there may be complex international assets or immigration issues that run parallel to the divorce.
There is a legal burden that people with uncertain or conditional immigration status can face in divorce that requires extensive documentation. This process must be carefully coordinated along with the divorce process. For example, when a spouse sponsors another spouse for permanent residency, for the first 2 years this status is conditional on the marriage. Therefore, if the divorce happens early on in the marriage, there will be timing and administrative issues that must be coordinated with the divorce to meet the administrative burden of maintaining residency. Other family members may also depend on the spouses’ residency status and these sensitive issues must also be integrated into the divorce. In the case of spouses who hold Visas associated with work or education, their legal right to remain in the US depends on their job or educational status. If this is the case, the impact of these scenarios, including any economic impact, must also be considered during the divorce.
Pursuing an adversarial divorce is not recommended for a divorce with international assets and/or immigration issues. Conflict, cost and court schedules will greatly impede a divorce that involves complex factors such as legal status, foreign assets and children.
Comprehensive International Divorce Mediation Services
Divorce mediation with our team begins with a thorough analysis of the finances involved in the divorce, and any other issues pertaining to the divorce, such as immigration status. From there, we work with divorcing spouses to ascertain the best steps they can take for a conflict free divorce that is a springboard for an independent thriving future.
Cultural issues also factor into any international divorce. Divorce mediation isn’t limited to legal issues and property. Our divorce mediation team can help you negotiate any issue that is important to you during your divorce. If family members are affected by the immigration issues involved in divorce, we will work with you to consider the best interests of everyone involved. If you have children and international relocation is involved this is a particularly sensitive issue which requires careful, respectful negotiation.
As experienced international divorce mediators, Divorce Options San Diego will work with you to negotiate sensitive immigration issues and help to manage the timeline of the divorce. We also offer a full documentation service to manage the intensive, document heavy aspects of a California divorce. We have offices in San Diego, CA and Silicon Valley, and can meet with you in person or mediate remotely no matter where you are located. Please contact us today to learn more about getting support for your international divorce.
