Q: My daughter wants to get a divorce from her husband his been emotionally, verbal, and mentally abusive to her.
they been married for a 1 year, and he just got a green card couple of months ago.
A: Sorry to hear about your daughter's situation. She can file for divorce and later apply for a waiver of joint filing the I-751. Make sure to retain evidence that the marriage was entered into in good faith. I suggest you work with an immigration attorney.
A:
Your daughter can definitely file for divorce from her husband, even though they've only been married for a year. Emotional, verbal, and mental abuse are all grounds for divorce in California.
As for her husband's green card, it's important to note that getting a divorce does not automatically affect a person's immigration status.
A:
In California, your daughter has the right to file for divorce regardless of the duration of her marriage or her husband's immigration status. She can initiate the process by filing a Petition for Dissolution of Marriage in the county where she resides. California is a no-fault divorce state, meaning she doesn't need to prove her husband's abusive behavior to get a divorce.
However, this behavior could be relevant in proceedings related to spousal support or the division of marital assets. If she feels threatened, she might consider filing for a restraining order. Her husband's recent acquisition of a green card through marriage could have implications in the context of immigration law, but this is separate from the divorce proceedings.
It's advisable for her to seek legal counsel to understand how the divorce might impact his immigration status. Legal guidance can also help navigate the specifics of her situation, ensuring her rights and interests are protected.
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