Divorce in Mexico – Part 1
Divorce is the legal dissolution of a marriage, at the request of one or both parties, under the process and reasons established by law. Divorce also implies the separation of things or persons that are or should be united or related by the matrimonial bond, as well as the dissolution of the society that has been formed by the marriage.
TYPES OF DIVORCE IN MEXICO
An uncontested divorce occurs when both spouses voluntarily agree to go before the court to request the dissolution of their marriage, presenting a joint agreement establishing the distribution of property and assets, as well as the dissolution of the legal partnership (if it exists). Additionally, the agreement will outline any alimony support. In case there are minor children of the couple or children who are studying, the agreement must also establish custody, cohabitation, and child support, as well as the person or persons who are obliged to provide it. This procedure requires that both parties ratify the agreement submitted.
A no-fault divorce is when the application for divorce is filed by one party via a petition before a judge, and the party requesting the divorce must attach a “proposed agreement” to the initial petition so that when the other spouse is notified (summoned), he or she may when answering the petition, make any observations that he or she considers necessary. This is an oral procedure and in the presence of the judge, who decides on the relevance of the agreement and his or her observations, and who has the power to determine the final judgment. The final judgment includes the terms of the liquidation of the partnership (if there is one), division of assets, alimony, cohabitation, custody and maintenance of minor children.
An administrative is similar to an uncontested divorce, with the exception that it is not processed before a judicial authority, but before the Civil Registry Officer where they were married, as long as they do not have children or if they have children that are of legal age or not eligible for child support. They must also prove that they have liquidated the marital partnership under which they were married, and in some states of the Republic, they must also attend conciliatory talks before the Civil Registry Officer.
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