The law that governs divorce in Mexico is the Federal Civil Code and it is accompanied by the relevant State Codes of Civil Procedures that are largely similar but they can differ from one state to another. In addition to these local laws, other provisions may prove relevant, as the case may be, including but not limited to the Migration Law.
A civil marriage is the only one recognized by law in Mexico, therefore it can be dissolved under certain circumstances and provided that the parties are either Mexican residents or they have registered a marriage certificate issued in another country with the Mexican Civil Registry.
Specialized legal aid, such as that offered by our Mexican lawyers can be important during all of the divorce phases, starting with the initial stages.
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What are the grounds for divorce in Mexico?
There are certain aspects to consider before commencing the process of divorce in Mexico and these include, among others, the manner in which property will be divided under the common regime as well as the treatment of minor children if there are any.
A legal union can be terminated in Mexico by either of the spouses and the claim requesting the divorce is to be filed before the court, in the state in which the former couple resides.
| Quick Facts | |
|---|---|
| Applicable legislation | Family Code (Código Civil) and the Federal Civil Code. |
|
Is marriage annulment available in Mexico? (Yes/No) |
YES, annulment is available if the marriage was invalid from the start due to fraud, coercion, or incapacity to consent. |
|
Types of procedures |
Divorce can be contested (litigated) or mutual consent (amicable) divorce. |
| Court in charge of divorce hearings in Mexico | Civil courts (Juzgados Civiles) are in charge of divorce hearings. |
| Grounds for divorce in Mexico |
adultery, abuse, abandonment, irreconcilable differences. |
| Possibility to file a joint application for divorce |
Couples can file for a mutual consent divorce if both parties agree to the terms. |
| Consideration period (if applicable) |
For a contested divorce, a separation period is required to prove irreconcilable differences. |
| Duration of the consideration period |
Generally, 1 year for contested divorce, but no waiting period is needed for mutual consent divorce. |
| Requirement to appoint a lawyer (Yes/No) |
YES, a lawyer is required to file a divorce petition in Mexico, as legal representation is mandatory in family law cases. |
| Is asset division a part of the divorce hearing? | During the divorce hearing, the court will also address the division of marital assets. |
| Possibility to reach a mutual agreement for the division of assets (Yes/No) |
YES |
| Is the hearing for children’s custody separate from the divorce hearing? |
Custody hearings often occur separately to focus on the best interests of the children, though it may also be part of the divorce hearing if agreed upon. |
| Possibility to obtain single/joint custody of minor children (Yes/No) |
YES |
| Judgment issuing time frame (approx.) |
Approximately 3 to 6 months for uncontested divorce; contested cases may take longer, up to a year. |
| Other procedures to be completed after the divorce (if any) | Updating official documents, including marriage and birth certificates, and dealing with child support arrangements. |
The following are generally considered grounds for divorce:
- Irrevocable differences: this can be a common ground for divorce in Mexico and it implies that neither of the parties is expressly at fault for the failure of the marriage;
- Illegality: when one or both spouses are not yet of the legal marriage age of 16;
- Family ties: when the spouses are related/they have a blood relation;
- Violence: when one of the parties was subjected to repeated physical or psychological abuse of various degrees;
- Adultery: when one of the spouses has had a sexual relationship outside the marriage.
A separate situation is the judicial one in which one of the spouses may ask the court to suspend the obligation to cohabit if he can prove that the spouse has an incurable disease (contagious or hereditary), suffers from a mental disorder or in other cases. Understanding the grounds for this type of separation can be important in some cases and our divorce lawyers in Mexico can help you with more information if the obligation to cohabit is the only one you are interested to interrupt. We remind you that in this case the other obligations such as the financial contributions are not suspended.
It is important to note that while the grounds for divorce in Mexico are largely the same, they can differ from one state to another, and verifying this with one of our lawyers can be a key step in the process. We can also assist with services related to immigration to Mexico.
What are the types of divorce procedures in Mexico?
Divorce in Mexico can be largely categorized based on how the spouses relate to the process. Thus, we can mention the following cases:
- Mutual consent: this is a common form of marriage dissolution and the former spouses both agree that this is the optimal solution; the subsequent arrangements are negotiated and one of our lawyers in Mexico can assist during this stage;
- Necessary divorce: when the two spouses are subject to a disagreement that can be a solution for disagreeing couples with no children and it can be filed for unilaterally;
- Administrative divorce: similar to the mutual agreement one, it is often a solution in case of an absolute or partial separate property regime.
It is important to note that a couple can file for divorce after one year of marriage in most cases.
The applications for divorce in Mexico are filled with the Civil Registry corresponding to the state in which the couple resided together. Find out details about divorce from our infographic:
The divorce process in Mexico for expatriates
For expatriate couples, the divorce process in Mexico can be more complex due to the different legal systems involved. Here are important points to consider:
- Residency requirement: the divorce application must be made in the state where the couple resided. However, if one spouse does now own a residence permit in Mexico, the process may become more complicated, particularly when it comes to service of documents or enforcement of foreign judgments;
- Marriage registration: expatriates must ensure their marriage certificate (if foreign) is registered with the Mexican Civil Registry for the divorce to be processed in Mexico. This registration is a prerequisite for legal proceedings;
- Language barriers: documents and communications are in Spanish, so it may be necessary to have certified translations of official documents.
Furthermore, expat couples can benefit further from requesting our services as for the spouse who does not own citizenship in Mexico, the process may seem complicated at first and the legal proceedings may even deter him or her from starting the process altogether. Our lawyers in Mexico also provide legal services to the aspirants who are interested to immigrate to Mexico.
Child custody in Mexico after divorce
After a divorce in Mexico, generally, the child goes under the mother’s custody if he/she is under seven years unless there is a severe risk to the child in this situation. 94% of custody decisions were granted to women as per the 2006 report prepared for the Federal District Human Rights Commission (Comision de Derechos Humanos del Distrito Federal, CDHDF). If the parents cannot take care of the child, custody will be granted to grandparents. In Mexico, federal legislation distinguishes between custody and parental authority. Custody denotes the personal supervision of an incompetent adult or a minor child. In the custody situation, it is understood that the ex-spouse who takes on this obligation is entitled to child support from the other ex-spouse. Whereas parental authority refers to the whole group of powers, which also involve duties conferred upon those who exercise them, such as parents, grandparents, or in exceptional cases, adoptive parents.
If you face any problems regarding child custody after filing for divorce in Mexico, you can get legal help from our law firm.
Our divorce lawyer in Mexico will explain to you all you need to know about custody or parental authority.
What is parental authority?
After a Mexico divorce, if the children are involved, the parental authority is automatically granted to both parents. But suppose a child’s safety or health is at risk due to the violence. In that case, parents may lose custody rights, and the child’s custody will be granted to only one parent or second-degree blood relatives, including siblings, grandparents, uncles, or aunts. The proceedings for parental authority after filing for divorce in Mexico consist of the following steps:
- The plaintiff files a lawsuit against the defendant, due to which the court will issue summons;
- That summons has to be delivered in person and signed by the defendant;
- In return, the defendant responses to the call and provides evidence;
- The local Mexican court demands and assesses formal proof from both parties;
- The plaintiff and the defendant then contest the evidence and argue their case;
- In the end, the judge considers his verdict and makes a ruling.
The parental authority can be lost by judicial resolution as per Article 444 of the Civil Code of the Federal District due to the following reasons:
- When an individual exercising parental authority is expressly sentenced to loss of that right;
- In cases of domestic violence committed against a child;
- If divorce happens, the provisions of Article 283 of this code will come into action.
A common-law partner or a spouse may recover parental authority by proving fulfillment of imposed obligations on him/her. You can consult with our divorce lawyer in Mexico if you have lost your parental control and want to regain it. They will legally help you in acquiring parental authority in Mexico.
Necessary documents for custody proceedings
The applicant needs to submit the following documents to initiate custody proceedings:
- Original marriage certificate (if the couple is married);
- Original birth certificate of the child;
- Address of the parent requesting custody;
- Address and names of two witnesses who are about to provide facts about the parent requesting custody of the child.
You can rely on the legal services of our immigration lawyers in Mexico if you want to relocate here. They will help you with the submission of the necessary documentation. In addition, if you are facing problems regarding debt collection in Mexico, our lawyers can also provide you with legal assistance in this matter. Furthermore, if you need legal assistance in other matters, such as moving to Mexico from US, our immigration attorneys are at your disposal.
Alimony and financial support after divorce in Mexico
When it comes to alimony and division procedures regarding the divorce in Mexico, there are two main ideas to consider:
- Alimony (“pensión alimenticia”): spouses may be entitled to alimony based on their economic needs and the other spouse’s financial capacity. Alimony is more commonly awarded to the spouse with a significantly lower income or who may not be able to support themselves independently after the divorce;
- Division of property: Mexico follows a community property regime by default, meaning assets acquired during the marriage are divided equally unless otherwise stipulated in a prenuptial agreement. However, if the couple had a separate property regime (through a marriage contract), assets will be divided accordingly.
For more information regarding divorce proceedings and the ones needed after separation, our divorce lawyers in Mexico are at your disposal.
Enforcement of divorce decrees in Mexico
Once a divorce in Mexico is granted, the terms of the divorce decree must be enforced. If one party fails to comply with the terms, including alimony, custody arrangements, or property division, enforcement measures can be taken. These include:
- Civil enforcement: Seeking court orders to enforce the payment of alimony or property division;
- International enforcement: for foreign nationals, enforcement of foreign judgments or custody arrangements may require international legal assistance to ensure compliance with both Mexican and foreign law.
How to use a divorce decree in foreign countries?
After acquiring a divorce in Mexico, the interested person should obtain a certified copy of the decree and authenticate it by the appropriate Mexican government authorities. The lawyers at our law firm in Mexico will assist you in the authentication process of divorce decree.
Suppose an individual uses this document in a foreign country, such as in the United States. In that case, the American consular officer will authenticate the Mexican Government official’s signature appearing on the decree. The decree must also be translated by an official translator, who will certify his translation in front of an American consular office. The consular fees for taking the oath of the translator and authentication are $55.00. If you intend to use your divorce decree in any foreign state, you can get legal help from our divorce attorneys in Mexico.
How can our attorneys in Mexico help you?
Irrespective of whether or not the spouses mutually agree to the divorce or only one of them is willing to terminate the marriage, the divorce process can be a troubling time and a period during which the need for specialized assistance is strongly felt.
Our team of lawyers specializing in divorce in Mexico can help guide you throughout the process and will start by outlining your options during an initial legal counsel meeting. Our attorneys duly handle legal matters such as the distribution of common property as well as child support obligations by keeping in mind your particular family situation and the wellbeing of the children, if applicable.
Feel free to discuss with us if you are interested in immigration to Mexico. Our lawyers can also assist you with other matters in addition to divorce proceedings in Mexico. For example, if you want to become a citizen of Mexico, you can use the services of one of our lawyers. As a naturalized Mexican, you will have the same rights and privileges as your fellow citizens. The right to vote and the right to own property are two examples. To learn more about the Mexican citizenship application process, please contact our immigration attorneys.
Here is also a video on how our divorce lawyers in Mexico can help you:
Divorce statistics in Mexico
The number of divorces registered in Mexico increased in the last 25 years, with nearly 8.6 divorces per 100 marriages recorded in 2001. The divorce statistics from 2021 and 2022 are given below:
- 166,766 divorces were recorded in Mexico alone in 2022;
- In 2021, 149,675 divorces were registered in this country.
Our divorce lawyers in Mexico can help you with more information about the divorce procedures and can help you with legal representation. You can also get in touch with our immigration lawyers in Mexico if you are interested in the types of visas available. If you want to apply for a residency permit in Mexico, contact our lawyers to learn about the various options. For example, applicants must demonstrate that they have sufficient monthly income or savings/investments to cover their living expenses in Mexico. Proof of monthly pension, salary, or investment income received in the previous six months is one option.
For more information about divorce in Mexico and other services we offer, do not hesitate to contact us.