In Mexico you no longer have to prove grounds to get divorced: one spouse's wish is enough. We explain no-fault divorce, administrative divorce, and judicial divorce, along with the settlement agreement, the documents, and the timelines.
Getting divorced in Mexico is now much simpler than it was a few years ago. Thanks to the so-called no-fault divorce (divorce without stated grounds), you no longer have to prove a reason such as abandonment or infidelity: it is enough for one of the spouses to state that they no longer wish to continue the marriage. This guide explains the types, the process, and what you should prepare.
The legal shift: divorce without grounds
The Supreme Court of Justice of the Nation (Suprema Corte de Justicia de la Nación, SCJN) has held that requiring proof of grounds in order to divorce is unconstitutional, because a marriage cannot be maintained against a person's will (the free development of personality). Consequently, a single spouse can request the divorce and the judge must grant it. Divorce is governed by the civil and family codes of each state (it is a matter of local jurisdiction), so the specific timelines and requirements vary from state to state.
Types of divorce
- Administrative divorce: the fastest and cheapest. It is processed before the Civil Registry, but it is only available when both spouses agree, are of legal age, have no minor children (nor adult children who depend on them financially), there are no assets to divide or they have already been divided, and the wife is not pregnant.
- Voluntary judicial divorce: both agree but there are children or assets; it is filed before a family court judge together with a settlement agreement.
- No-fault (unilateral) divorce: requested by only one of the spouses before the family court judge; it does not require the other's consent or the statement of grounds.
The settlement agreement: the heart of the process
Except in the administrative case, the petition must be accompanied by a proposed settlement agreement (convenio) that regulates the consequences of the divorce:
- Custody of the children and the visitation arrangement with the other parent.
- Parental authority (patria potestad).
- Child support and, where applicable, spousal support.
- Division of assets according to the marital property regime (community property or separation of assets).
- Use of the marital home during the proceedings.
If the parties cannot agree on the settlement, the judge grants the divorce anyway and leaves the disputed points to be resolved in a later proceeding (an incidental proceeding).
Step by step in a judicial divorce
- 1. A lawyer files the divorce petition or request with the proposed settlement agreement before the family court judge.
- 2. The court serves notice on the other spouse.
- 3. Hearings are held; if there is agreement on the settlement, it is approved.
- 4. The judge grants the divorce; the points not agreed upon are resolved afterward.
- 5. The judgment is recorded with the Civil Registry to update the marital status.
Documents you will need
- Marriage certificate.
- Birth certificates of the spouses and the children.
- Official IDs.
- Documents for the assets (deeds, invoices) if they are to be divided.
- Proof of income to set support.
Timeframes and costs
An administrative divorce can be resolved in weeks. A judicial divorce by mutual agreement usually takes a few months, while one with disputes (custody, support, assets) can extend considerably. Costs include lawyer's fees and duties; many courts and some states offer free guidance or public defense.
Common mistakes
- Believing you need the other spouse's "yes": no-fault divorce does not require it.
- Neglecting the settlement agreement regarding the children: agreements about minors are always subject to the best interests of the child and to the judge's review.
- Signing the division of assets without understanding the marital property regime.
- Not updating your marital status with the Civil Registry after the judgment.
How support is calculated
Support (pensión alimenticia) is set based on two principles: the need of the person receiving it and the economic ability of the person who owes it. There is no single percentage nationwide, but judges usually start from a percentage of the obligor's income and consider the number of children and the health and education expenses. Support can be reviewed if the circumstances of either party change.
Divorce with a foreign element
If you married abroad but live in Mexico, you can generally get divorced here; it may be necessary to register the foreign marriage and to submit the certificate apostilled and translated. Conversely, a divorce judgment issued in Mexico may need recognition (exequatur) to take effect in another country. If your life spans more than one nation, check the requirements on both sides.
Frequently asked questions
Can my spouse prevent the divorce?
No. With no-fault divorce, one person's will is enough; the judge must grant the divorce even if the other spouse objects. What can be disputed are the consequences: children, support, and assets.
How long does a divorce take?
It depends on the type and the state. The administrative one can take weeks; the judicial one by mutual agreement, a few months; and one with disputes over custody or assets, considerably longer.
Conclusion
No-fault divorce made divorce a right that a single person can exercise. Even so, the truly sensitive issues—custody, support, and the division of assets—require care. Because the rules change from one state to another, consult a family lawyer holding a cédula profesional (professional license) in your state to protect your rights and, above all, the interests of your children.
Notice: This content is general legal information and does not constitute legal advice, nor does it replace consulting a lawyer holding a cédula profesional. Every case is different and laws change; before making decisions, consult a lawyer who can review your particular situation.