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Advice Needed on a legal Issue
Enviado por: Porter M. Corn (216.137.193.---)
Fecha: 19 de February , 2002 09:58PM
What rights does an American have, living in Mexico on the weekends, married legally to a Mexican citizen, (US wedding ceremony) concerning property when the couple separates? I've gotten a multitude of answers on this subject from ill informed people in Juarez. Without going into too much detail, wife becomes pregnant, depressed, continuing into a manic depressive state. Decides husband no bueno. Locks him out of house and calls policia. Refuse to give any property to husband. Couple of weeks later, husband learns 1. All furnishings and property in house have been moved into mother house in the front and our house rented out. The house which incidently I built. and 2. Wife is working in a whore bar. and 3. Wife has unresolved previous marriage unknown until now. Property taken included business papers, computers, digital cameras, expensive surround sound home theater. YOu get the picture. Question is; am I @!#$ outta luck or do I have any legal recourse? I would be interested in constructive suggestions or knowledge. Also, what about custody rights for the baby she is carrying?
Obviously...
Enviado por: Jorge Beller (---.prodigy.net.mx)
Fecha: 19 de February , 2002 10:18PM
Obviously you need a lawyer.
Legal system in Juarez do not work very well (300 serial murders in the last years, and the concern of the people is a reduction of 5% in their Maquiladora checks)...
But I guess that even in Juarez, you would find a lawyer specialized in divorces. Not easy, since I scanned the internet and difficult to find.
I don't know if your marriage is valid in Mexico... according to what I know, you have to insert your marriage certificate in the Mexican Civil Register (could be an important variable).
Wish you luck.
Damn It Sucks!
Enviado por: Diego Vega (---.cablemas.com)
Fecha: 20 de February , 2002 03:20AM
To see such a good guy get into this kind of shitty situation. I read some of your posts here and I am glad to read your points of view. I wish every gringo could know what you know.
The Legal situation you describe here reminds me that, when I lived in Texas I apparently ended up <i>"married by common law"</i> without even knowing what that was !!!
Anyway. I see that your situation is quite difficult. Specially when it comes to "Property". How can you demonstrate that such <b>documents and equipment</b> #1 Existed, #2 Belonged, #3 Were not lost or stolen and #4 Were In Mexico. Quite a problem for <b>any</b> legal system.
Basically you want three things (in no particular order) .-
A. Your Property Back
B. Her Previous Marriage Exposed
C. Custody Rights
U.S. Weding huh? I am afraid Jorge is right. You need to validate that one in Mexico.
Here is what I would do before going for Legal help.
<b>Call her and/or her family and ask them nicely to make a deal before you proceed legally.</b>
For A.
1. Gather all possible property documentation.
2. Go to Ministerio Publico and tell them that your "listed" property was stolen from your home.
3. If can't proceed through mexican system sue her in the U.S. for stealing the portable items.
For B.
1. Find out if she was married in Chihuahua (or where) and get the Marriage Certificate anyway possible.
2. Sue her in the U.S. for whatever related reason you can come up with.
For C. (You may need DNA verification to proceed legally)
1. It will be easier to get the baby if you document the whole situation, including of course pictures at the establishment you describe.
2. Then you need to sue her through the U.S. system for abandoning home and kidnaping.
Good Luck.
And by the way...
Enviado por: George Beler (---.prodigy.net.mx)
Fecha: 20 de February , 2002 10:21PM
And by the way...
When looking legal advice/service in Ciudad Juarez (if you have lived there you should guess by now) be very very watchful. Behave as if any lawyer you met has 70% probability to take your money and run away.... proportion that could not be far from the actual one.
Regards.
Birth Certificate!
Enviado por: • Karl Enrique Ihrig Stringer (---.san.rr.com)
Fecha: 22 de February , 2002 12:30AM
I know a good and honest lawyer in Guadalajara.
Email me, and I will give name and number.
Hey, what country was the kid born in? Aren't the parents listed on the birth
certificate? My Mexican birth certificate, gives my parents names, the fact that
they were married and I am legitimate, grand parents names. A lot of stuff.
I think in Mexico, if the mother is a single mother, with soul custody, the birth
certificate will indicate this as well.
kid
Enviado por: • Karl Enrique Ihrig Stringer (---.san.rr.com)
Fecha: 22 de February , 2002 12:42AM
Oh, I see now. The kid isn't born yet.
All the more reason to get the marriage thing registered and sorted out.
Man marriage is screwed up in Mexico. I have met several bigamists in Mexico. Even
the President has trouble with marriage in Mexico. The church and state don't
recognize eachother's marriages, divorces, anulments, so having two spouses is
virtually legal. If you go to a legitimate wedding in Mexico, you will see a church
seremony, and signing of a marriage contract with the State.
Mexicans frequently do not bother with the expense of divorce.
There are very good lawyers
Enviado por: • Jorge Torres Parés (aguil@real) (---.alestra.net.mx)
Fecha: 26 de March , 2002 12:22AM
in Juarez and you have a fairly easy case i f things are the way you told us, make sure you can prove what you have said, one of the better civil proffessionals in Juarez is Jose Luis Cano Sanchez your "wife" can´t do what she is doing according to our law she maight even lose the child if you can prove she is a prostitute, that is one of the only tree things you can use to take the kid away from her, adultery is punished with jail, and taking away your property also. hope it helps

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