Divorce Process in Mexico

People who marry abroad can have their divorce process in the city of Merida, whether the marriage took place between two foreigners or between a foreigner and a Mexican.

It is recommended that people who marry abroad and pretend to live in Merida or in any other part of the State of Yucatán, register their marriage certificate in the State Civil Registry (“Registro Civil”).

In order to do this, it is necessary to do a process called “Diligencias de Jurisdicción Voluntaria de Inscripción de Acta de Matrimonio” (Voluntary Marriage Certificate Enrollment), which takes 3 months approximately and has a cost of around $6,000 pesos.

There are three different divorce processes:

• Voluntary
• Appearance
• Contentious

Voluntary

In order for a divorce process to be voluntary these are the requirements:

1. Both parties need to agree.
2. If there are children between the married couple it is necessary that both parties come to a common and equal agreement regarding the custody of the children in case they are minors, as well as the amount of the food to provide to children and wife.
3. The wife can quit voluntarily receiving food provisions.
4. If there are any properties (Real State) involved it will be necessary for both parties to reach an agreement regarding the distribution of the same.

If both parties comply with the above mentioned, then the following foundations of the divorce will be stipulated and established:

• The address of each one of the parties during the divorce process.
• The address where the minor(s) will be living during the divorce process.
• The person who will be left in charge of the custody of the minor(s).
• The days that the other person (the one without the custody of the minor) will be able to visit.
• Who will be left responsible of child support which by the Mexican Law can’t exceed 40% of the total income stated before tax authorities, of whoever provides it.
• The child support payment is obligation until the minor reaches age majority (18 years old) or until he has completed his studies.
• In case that it is stipulated that the wife will receive support, this will last as long as she does not get married and if she lives honestly.
• The child support payment will be in proportion to the age of the creditor.

Appearance

In order for a divorce to be processed by the appearance way these are the requirements:

• That during the marriage children were not conceived; or in case they were they have to be over age.
• Any properties (Real State) involved.
• No obligations to provide supplies by voluntary resignation.
• To appear directly at the civil registry without any previous procedure.

The approximate cost is: $1,000.00 pesos M/N for attorney’s fees.

Contentious

In order for a divorce to be processed as contentious it should be caused by the following:

• Separation of more than two years.
• Family violence.
• Abandonment of home.
• Incompatible differences (religion or sexual preferences).

The process starts when one of the parties sues the other one proving one of the above mentioned actions.

Once the lawsuit starts some precaution measures will be taken such as:

• The address of each one of the parties during the divorce process.
• The person who will be left in charge of the custody of the minors.
• The person who will be left responsible of child support during the trial.

Once these measures are established, then the other part will be notified about the lawsuit and at the moment that he/she responds then the divorce process will start.

The approximate cost is: $20,000.00 pesos M/N for attorney’s fees (according with the cause).

The approximated time is: 1.5 to 2 years

RESTRICTIONS:

• A divorce process can only take place after the first year of marriage; also during the first 3 months a nullity of marriage can be requested if the motive of divorce is based on some mistake.

NOTE:

• The mentioned above is describe in the “Civil Code of Yucatan State” and in the “Procedures of the State and the Familiar Code”
• The divorce procedure has to be done in the “Oficialía de Partes en los Juzgados Familiares”. There are three departments in Yucatan:
  • Merida
  • Valladolid
  • Tekax
• If one of the parties does not want to appear in front of the judge, it is necessary that provides someone with legal powers for lawsuits and collections, avoiding being in the court at the same time as the other part.
• In case of marriages of the same sex that want to divorce in Merida, first they have to valid their marriage in Mexico City in order to start the divorce process in Merida. When the process is finished then they will have to subscribe it in the place it was issued.
• If the marriage took place in the USA it is necessary that all the documents are translated into Spanish with the proper apostille. Also it is necessary a medical examination to certify that the wife is not pregnant.

CHILD SUPPORT:

• The child support will increase within the same proportion that the minimum salary in the region.
• In case that the part in charge of the child support does not obey what has been accorded by the judge, the authorities can demand the accomplishment and in case of omission the authorities can proceed with seizure. If the part does not count with properties then he/she can end up in jail.