Weird and inaccurate wording on California Summary Dissolution Information sheet

[elmcitymaven 9,712]

So I'm FINALLY getting around to filing for summary dissolution of my marriage (we've been separated for almost four years, and my beloved boyfriend of two years recently expressed his discomfort with my continuing marital status), and last night I got my ex to agree that we will file jointly for dissolution during June. Today I've been starting to fill out the forms, and I saw this at the bottom of the instructional booklet that petitioners must read for a summary dissolution in California:

SPECIAL WARNING

If you are an alien who became a lawful permanent resident on the basis of your marriage to a U.S. citizen or to a lawful permanent resident, obtaining a dissolution within two years of your marriage may lead to your deportation. You should consult a lawyer before obtaining a divorce.

I suppose the operative word above is "may." But given what we know collectively about divorcing after obtaining permanent residency, doesn't this seem full of inaccuracies? I suppose it's just another instance of state law being ignorant of federal law.

[belinda63 3,038]

I believe it has to something to do with this new ?law? or requirement that attorneys inform persons how a case may affect their immigration status. There were huge problems in criminal court with attorneys convincing their clients to do a plea deal (court are all about Let's Make a Deal and not who is innocent or guilty) and after they agreed to the plea they were placed in to removal proceedings not having known their pleading guilty would make them deportable. Now attorneys are required to inform their clients if they make a deal, depending on the charges they plead to, that it may affect their immigration status.

Just a statement to ensure you understand how the legal action may affect your immigration status.

[Ms Hogan 295]

It says within 2 years. You aren't divorcing until now, how long have you been married?

[The Mean Lady 604]

I'm pretty sure that's because it's referring to removing conditions

You have the burden of proof to remove conditions on your own if you divorce prior to RoC.

It's always a MAY regardless of what state you're in.

At least they're being nice and informing you of it.

[elmcitymaven 9,712]

It says within 2 years. You aren't divorcing until now, how long have you been married?

I'm the USC, and my ex and I have been married since 2006, so this is a non-issue for us. Just struck me as strange!

[Darnell 8,478]

is 'dissolution' there the same thing as 'annulment' elsewhere? if so, then this wording makes sense.

[VanessaTony 3,567]

is 'dissolution' there the same thing as 'annulment' elsewhere? if so, then this wording makes sense.

No. Dissolution of Marriage is the legal verbiage for a regular divorce.

**Edit - Also. Annulment or divorce, doesn't matter. For immigration purposes, the marriage still existed even if annulled (just like crimes that were expunged) so it doesn't matter which is filed, immigration treats it like a divorce (i.e. you can ROC with a divorce waiver).

Edited June 1, 2013 by Vanessa&Tony

[The Mean Lady 604]

No. Dissolution of Marriage is the legal verbiage for a regular divorce.

**Edit - Also. Annulment or divorce, doesn't matter. For immigration purposes, the marriage still existed even if annulled (just like crimes that were expunged) so it doesn't matter which is filed, immigration treats it like a divorce (i.e. you can ROC with a divorce waiver).

Interesting to know.

I've always seen people say the opposite

[NigeriaorBust 4,087]

Annulment is a marriage for immigration purposes, but annulments are rarely no fault like marriages can be. The thing that annulment can hurt the immigrant in an annulment is the reason. If the annulment is granted for fraud it becomes very hard to prove a valid marriage.

[VanessaTony 3,567]

Interesting to know.

I've always seen people say the opposite

Yeah I've noticed that too, but it's wrong. As NigeriororBust says, it also depends on the grounds, but that's for divorce as well. Which is why you should ALWAYS check the grounds, or any paperwork you're ever given.

[elmcitymaven 9,712]

It's a "summary dissolution," which in California is a specific form of divorce proceeding. It's low-cost, low-fuss and many people can do it without legal representation. California differentiates it from divorce since different pleadings are filed, and the timelines for the proceedings are different. The end is the same.