Divorcing in Mexico

Diksha wrote:

Hello everyone,

Reaching the decision to seek divorce can be hard. Filing the papers as an expat in Mexico can be as taxing since a good grasp of legislations is needed and the process can prove to be tedious.

Where and how do you apply for a divorce in Mexico? How long does it take for the process to be completed?

If the couple has children, which measures can be taken in order to protect their interests?

Which procedures should be completed so that the divorce is legally recognized in the country of origin?

How is divorce viewed in Mexico?

Being away from one's home country and loved ones, what advice do have for staying strong emotionally and mentally in this situation?

Thanks for sharing your experience.

Diksha

As I understand it Mexico has more than one form of marriage. One is like the U.S. form another is like living together and keeping your things separate, and then there is living together which has some legal rights also. So if I were you I would consult a good lawyer.

Getting my car untangled from the living- together arrangement of my co-signer, when he died, took over a year, with lots of visits to a notary. Many notaries are lawyers.

Mexico has a broader outlook so often all possible involved parties are included. Yes, that can mean relatives on both sides and of course children then a judge to approve everything. Any resistance from any involved party can really complicate things.

You might want to visit your original country for that divorce.

Hello Diksha,

I have been living / working in Mexico 16+ years and can tell you that legal processes here are generally very complicated.

I suggest you break up your questions into several posts.

Melanie

Divorce can be a horrible experience in any country.  My unwanted divorce was emotionally and financially devastating leading to severe emotional  depression and eventual bankruptcy.  10 years later, I am again living a comfortable, a reasonably happy life.   My experience was an unusual “perfect storm” linked with a severe economic downturn and some frankly less than clear headed decisions on my part.  Nonetheless, I have a rather negative view of divorce and strongly encourage honest communication with your spouse and trying to amicably work things out.

However, there are intolerable situations of abuse and, as in my case, one party may have become involved with someone else.  In such cases, you will need good legal and financial advice.  Don't hesitate or procrastinate as I did.  Find out your legal and financial rights straightway and start making intelligent plans.  Spousal rights, as I have read, are quite different in Mexico and it may be advantageous to file for divorce in another country.  Find these things out by consulting with lawyers and accountants as quickly as possible and get facts first.  Above all, be open to the changes coming, let the past go and make rational, sound decisions in your best financial and emotional interests.

Hello,

i have had a divorce experience here In Mexico and it was utterly horrible, the process is too slow and super bureaucratic, and at the end even though there were terms reached based on mutual agreement, not abiding by them was simply an occurring situation, too much money was paid involving a crooked lawyer who was representing me and she ended up taking money from my ex-wife to have the terms used against me, so nothing actually protects you except your contacts and how much you are willing to pay.

it feels as if the legal system is designed to drain the life and patience out of people, be careful of whom you hire as your lawyer or legal Rep, it´s a tricky one and it´s better that you can have this person recommended by people whom you trust for better reference, because if you get tricked by him/her nothing can save you or get you back your money.

I think you would be on more solid ground if you pursue a divorce in your original country.

A friend who was divorced here in Mexico about ten years ago said it was easy, but that was at least ten years ago and they were in total agreement about the terms of the divorce. He said there were many small offices where you could quickly get a divorce. It does not seem that that is the case now.

If you still want to try it here I would get a list of recommended attorneys from the Embassy of your country. Make sure that you are as well informed as possible.