Frequently Asked Questions about Divorce Cases

What if I’m not a citizen of the United States?

You should be able to file for and get a divorce and/or custody orders whether or not you are a citizen of the U.S. A judge or the police should not ask you your citizenship status when you file for divorce or custody. If a judge or police officer asks you your citizenship status, do not disclose if you are out of status. Instead, contact an attorney or legal aid organization immediately. HOWEVER, PLEASE BE AWARE THAT DIVORCE MAY AFFECT YOUR RIGHT TO STAY IN THE U.S. YOU SHOULD CONSULT AN ATTORNEY WITH ANY QUESTIONS, PRIOR TO CONSIDERING DIVORCE.

What if I’m under 18 years old?

If you had consent to marry from your parents or guardian, you should have the right to get a divorce. It is important to discuss this situation with an attorney to fully protect your rights.

What if I’m in a same gender relationship?

As of January 1, 2005 the laws in the State of California allow couples in same gender relationships who are registered as domestic partners with the state, to access family courts.

HOWEVER, THE LAW IN THIS AREA IS NEW, SO YOU SHOULD CONSULT WITH AN ATTORNEY BEFORE ATTEMPTING TO USE THE FAMILY COURTS.

What if I need an interpreter?

Courts are required to provide interpreters if you need one. You should need one. You should, however, request one prior to your court date. If you ask for an interpreter on the day you show up to court, you may be asked to reschedule your hearing.