Do you no longer have a relationship with your partner and do you think that it is best to separate? This article will highlight the Requirements for Divorce.
Divorce is the dissolution in life of both spouses of the society or marriage bond. To make this decision, both people must have mutual consent as provided by law.
The Requirements for Divorce will be explained below.
What are the Requirements for Divorce in Mexico?
To meet the Requirements for Divorce in Mexico they are the following.
It is important to emphasize that spouses who wish to divorce are in agreement mutual agreement in dissolving the marriage bond, complying with the requirements that they must face.
In the event that a spouse is not in agreement with the separation, they will face a contentious divorce, more extensive and expensive.
Uncaused divorce is the most simple the most affordable to end the marriage bond. But it is necessary that there is an agreement between both spouses. Both spouses must comply with the following in the case if it is a voluntary divorce procedure:
- You must choose between two spouses which will have the custody and custody of the minors or with some type of disability.
- The parent who does not have custody or custody must be governed by the manner chosen to exercise the right of visit where you can abide by the schedules of food, study, rest of the children.
- The way to consider the needs of the children, determining the form, place and date of the payment of the maintenance commitment.
- Name the spouse who will stay living in the marital residence.
- Determine how to manage marital community assets, for the duration of the process and until it ends, until showing the marriage agreements and everything concerning the partition of assets.
- An administrative divorce is admissible when a year or more has passed after having married and both spouses have decided to divorce, after they have settled the conjugal partnership of the assets.
- The Civil Registry judge, after the spouses have identified and ratified their desire to divorce, will prepare the act declaring them divorced.
With having complied with the Requirements for Divorce, you must have the following documents:
Requirements for Divorce: Forfeited
- Have your marriage certificate, original.
- Address of the defendant, original.
- To process this type of divorce, applicants must bring their property title of movable and immovable property.
- Attach the birth of each children.
Requirements for Divorce: Voluntario
- Attach your birth certificate.
- Children’s birth certificate.
- To process this type of divorce, applicants must bring their property title.
Requirements for Divorce: Administrative
- People must have at least one married year.
- Not having children and if they have they must be of legal age and not financially dependent on some of the parents, a birth certificate must be shown.
- Birth certificate.
- Address receipt that does not pass the 3 months of both spouses.
- Medical document proving that the applicant is not pregnant.
Types of divorce
There are several types of divorces that are the following.
A voluntary divorce is when the couples wish to dissolve the marriage bond by mutual agreement, in terms of parental authority in the case of children, coexistence, food and property.
It differs from other types of divorce because it begins its processing when both spouses They must go before a family judge and notify the divorce, stating their willingness to do so.
Voluntary divorce ends with the marriage relationship and begins with the discussion of custody of minor children, in the case that the applicants have.
To process this divorce, the duration may vary, because it will depend on the disputes between the spouses.
It is important to note that if either spouse does not attend the presentations ordered by the judge, the process may be postponed for at least 3 weeks. However, a voluntary divorce can take up to 3 months.
Uncaused divorce is a legal procedure that is intended to break the marriage. The competent authorities begin to process the divorce when one of the spouses requests it.
Its main function is that the uncaused divorce does not need any reason or justification to start the process. This type of divorce came into effect from the year 2008Some cities such as: Nueva León, Yucatán, Federal State have been governed legally in this type of divorce.
This type of divorce can also be identified as express divorce, since it tries to reduce the time in which the conjugal community is settled and the divorce is formally decreed. Those who are interested in doing it this way, should only appear before a judge of the Civil Registry of their domicile and express their will to divorce.
To initiate the proceedings of an uncaused divorce, the spouse needs to prepare, through a lawyer, a written demand, after having been read by the defendant and approved by the defendant; the judge begins the processing of the files.
This type of divorce can take about a month and a half.
This type of divorce is intended to expose a decree of a marital breakdown that is granted by a judge of the Civil registration, to couples in mutual agreement in making the decision to divorce. Administrative divorce does not require cause or justification.
This divorce refers to marriages consecrated more than a year ago, with spouses adults and without children subject to custody.
It is the divorce that most quickly processed. In other words, it may take at least a month.
The necessary divorce is a type of divorce that is in force throughout the Mexican territory and begins at the precise moment that one of the spouses presents to the judge their will to separate for any reason specifically indicated in the Civil Code.
This divorce is one of the most requested. In addition, the spouse must present before the family judge some of the following causes, which are typified in the Article 267 of the Federal Civil Code (1928).
- Obligation by one of the parties to commit a crime.
- Domestic violence.
- Corruption of minors or unjustified abandonment of the home.
- When one of the spouses refuses to provide food, including the children.
- Among one more.
The divorce process in Mexico varies in price, since everything will depend on the type of divorce you select. Currently it is not necessary to prove a cause for divorce, that is, it is not necessary which spouse was at fault for the separation.
Just the fact that one wants to formalize their separation is reason enough, therefore, in cases where there are no assets or minor children, the process can be quick and the cost decreases.
As for the cost of the divorce, everything will depend on the time and the lawyer they hire, it can range from 4 thousand to 50 thousand Mexican pesos.
Voluntary Divorce Agreement
This voluntary divorce agreement is intended to carry out a agreement between the spouses, where they have to establish how it will be done to dissolve the marriage bond, such as: custody and custody of children, visits and coexistence; food and everything related to the culmination of marriage.
What is it?
Divorce is the breakdown or separation of the marriage agreement, where the spouses will have to deal with the responsibilities that correspond to them to go on with their lives independently. Carries the loss of rights and obligations between the spouses.
Divorce is the result of the decision made between the two spouses or just the will of one of them to dissolve the marriage due to the irreconcilable differences that arose in the couple.
If your plans are to separate from your partner, you must follow the Requirements for Divorce.
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