Q: Living illegally in the USA I married a US citizen. I left him & the USA. He divorced me. Can I get the divorce quashed?
I left because I was unhappy. There were no children. I regret my decision. My ex received a dissolution of marriage by default. I am a Mexican citizen living in France. I want to have the Dissolution of Marriage (general jurisdiction)Stipulated Judgement overturned. How can I do this? I'm not a US citizen. Was never a legal resident of the US. I live in France. Am I afforded due process because I was once married to a US citizen? Thank you.
A:
You can't quash or get the judgment overturned. In CA, you cannot prevent your spouse from divorcing you. You can, however, in general challenge the terms of the divorce (e.g. how property is split, etc). Depending on the circumstances of your case, you may qualify for a motion to set aside judgment. Litigating from overseas is not impossible, but it is more difficult. You need to evaluate whether the costs outweigh the benefits.
Andy
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