To have the prospect of filing a divorce in Mexico, you must meet one of the following conditions:
- the marriage took place in Mexico, a Mexican marriage certificate was obtained,
- one of the spouses is a Mexican citizen,
- the foreign marriage is entered into the Mexican Civil Registry,
- the couple lived together in Mexico.
Typically, the last two points are related to the fact that one of the spouses or both has temporary or permanent residence status in Mexico and, accordingly, has a residence address in the country. Spouses can begin divorce proceedings in the municipality where the marriage was registered or where the residential address of one of the spouses is located (although in most cases the spouses have a joint residential address). Proof of residential address will require a utility bill (CFE Electricity, Telmex Telephony, Gas or Water) that shows the spouse's name and is no more than 60 days old to show that the court has jurisdiction in the area. However, not all judges require that proof of home address be in the name of the spouse.
Notaries and judges must verify the residency status of foreigners before providing their services. Therefore, you will need to present your residence card, if you have one, or if your tourist visa has expired, you will have to update your migration status, in particular by leaving or re-entering. Or the judge may submit a request to the migration service or schedule an additional hearing, which means an increase in the time frame for obtaining a divorce, sometimes by several months.
Types of Divorce Proceedings in Mexico
There are three different divorce processes:
Divorce by mutual consent. If both spouses agree to a divorce, they must file for divorce jointly, and the procedure will then be relatively simple and quick. In this case, the personal presence of both is mandatory.
The easiest option for divorce — when the spouses have separate ownership of property in the marriage indicated on the marriage certificate, there are no children or the children have reached the age of majority, there are no mutual claims. This is the so-called administrative divorce (divorcio administrativo). The absence of mutual claims or the division of joint property by agreement can be drawn up with a notarized document. The division of assets always requires legal registration through a notary.
To file an administrative divorce, it is possible for both of you to appear directly at the civil registry office (Registro civil) without any preliminary proceedings or before a judge. The length of the process varies by state, but on average takes 1 to 3 months. In some states, an administrative divorce can take less than a month if all documents are in order and there are no disputes between spouses.
If a married couple has children, divorce is possible only through the court. It is necessary that both parties come to a general and equal agreement regarding the custody of the children if they are minors, the days of visitation of the children, and in addition regarding the material support offered to the children and the wife (alimony or maintenance). If we are talking about any joint property (real estate), then the spouses should reach an agreement regarding its division.
Divorce at the request of one of the parties (controversial). If one of the spouses does not agree to the divorce or is unavailable, the other spouse is able to file an application in court, justifying it with reasons for divorce, such as adultery, abuse, prolonged separation, etc.
For a divorce to be considered controversial, it must be caused by the following circumstances:
- the spouses have not seen each other for more than two years,
- family violence,
- separate living,
- incompatible differences (religion or sexual preferences),
- medical problems, etc.
Divorce proceedings occur when one of the spouses, personally or by proxy, sues the other, proving one of the above circumstances. It is significant to note that in most Mexican states such a process can only take place after the completion of the first year of marriage; During the first three months, it is possible, in addition, to demand that the marriage be declared invalid if the reason for the divorce was any mistake.
Such a process may last 1.5–2 years; for this reason, even before it begins, the judge determines the person who will be entrusted with the custody of minor children and their maintenance, if any. The process itself will begin once the other party has been notified of the lawsuit, at the time he/she responds or the response time has expired.
Divorce through a lawyer or representative. In fact, this is one of the previous types, but the spouses do not want to deal with the divorce on their own, but turn to a mediator, especially if the case is complex (property disputes, child custody issues). A lawyer represents the interests of one or both spouses in court.
Required papers
ValidID cardsspouses.
Marriage certificate. For marriages concluded in Mexico, a certified copy is sufficient, from which the judge can obtain complete information about the marriage from the Civil Registry. Those married outside of Mexico must provide an original foreign marriage certificate with an apostille and a Spanish translation from an official translator.
Birth certificates for each spouse. This should only be done in states that require such a certificate to register a marriage. A foreign birth certificate must be apostilled and translated into Spanish by an official translator.
Birth certificates for minor children. A foreign birth certificate must be apostilled and translated into Spanish by an official translator.
Ownership documentsfor real estate, vehicles and other property subject to division/award by court decision.
In all documents, the first and last names on birth certificates must match the first and last names on other documents.
If the parties had obligations, but reachedagreements on the absence of mutual claims, a document confirming this must also be provided.
In all cases of divorce, the spouse must dopregnancy testfrom an accredited consultant confirming that she is not pregnant. This applies to all women, of any age.
We can provide assistance in filing a divorce, if your marriage took place in Mexico. Provided the divorce is by mutual consent, the time frame for completing the divorce will be as short as possible.
Where to file for divorce
In case of divorce by mutual consent, you should contact:
- to the civil registry office (Registro civil) at the place of residence of one of the spouses or at the place of marriage registration (if it is an administrative divorce). There are also special Oficialía de Partes en los Juzgados Familiares, but they are not in every city. In addition, you can contact Juez de lo Familiar, Juez Mixto, Agente del Ministerio Público,
- to the court at the place of residence of one of the spouses, which is confirmed by providing the original utility bill in the name of the spouse,
- to a notary in the notarial district where the marriage took place. Some states in Mexico allow notaries to process divorces themselves if the spouses do not have children or property disputes. But a notary is not always required during a divorce, although his participation can be useful in resolving issues related to property and financial obligations.
Claims for divorce based on the claims of one of the parties can be filed in court at the place of residence of either spouse, although many courts refuse to accept applications at the place of residence of the defendant. If one spouse came to Mexico to sue the other spouse and does not have a residential address in the country, this may be a problem.
In general, the procedure for divorce through the court is as follows. Personally or through a lawyer, submit any application for divorce with all the necessary documents to the court. If this is a divorce by mutual consent, but in addition you need to provide a notarized document that the spouses tried to reconcile. The court accepts and assigns the case, publishes its decision, and notifies the parties. The government social agent (Agente Social) then reviews the case and makes the necessary conclusions. If there are minor children, the Children's Services (Procuraduria de Niñas, Niños y Adolescentes) reviews the case and makes mandatory findings.
If it is a divorce filed by one party without the other party present, the court notice office must schedule service of notice on the other party. If the other spouse is a foreign citizen, then you need to hire a translator. After service or failure to serve the notice, the court waits for a response from the defendant. If the defendant answers, the court evaluates the correctness of the answer, whether the defendant disputes something or brings new facts and evidence. If the defendant responds in a timely manner, the court schedules a conciliation hearing. If there is no response or the defendant does not respond within the time limit, the court declares the defendant in default.
The court then sets a date for the presentation of evidence such as witness statements, deeds, bank statements, papers, etc. If there are no children, assets, or child support issues, the court will rely only on the marriage certificate provided at the time of the original filing. After hearing the evidence, the court will take several weeks to make a final decision.
Once the court has issued a divorce decree, the decision must be registered with the Civil Status Authority (Registro Civil) where the marriage was registered. This confirms the official divorce. The Registro Civil officer will issue an updated civil status report or extract from the registry that will contain the divorce record. This document should then be certified with an apostille stamp and used in another country.
Children
In Mexico, federal law distinguishes between custody and parental authority. Guardianship means personal supervision of a minor child. After a divorce in Mexico, the child generally becomes the mother's custody unless the child is under seven years old and there is no serious risk to the child. At an older age, the court will take into account the child’s preferences. If the parents are unable to care for the child, custody will be given to the grandparents. The spouse who receives custody is entitled to alimony from the other spouse. Parental authority refers to a whole group of powers. After a divorce in Mexico, parental rights are automatically given to both parents.
To obtain guardianship, it may be necessary to involve two witnesses who will confirm the reputation and facts about the parent applying for guardianship of the child.
In addition, we would like to add that divorces filed in another country must be reconfirmed in Mexico without fail, and the personal presence of the former spouse is mandatory.