Mexico Divorce Laws

In Mexico, the following persons are involved in a divorce procedure. They are translators, authenticating officials, custodians of records and attorneys. These people charge varying amounts for their work. The Embassy fails to offer information regarding the following.

  • Translation.
  • Authentication by Government officials.
  • A Certified Copy of the Decree.
  • Recording.
  • The Divorce Proceedings.

Residency Requirements as per Mexico Divorce Laws

Prior to making an application for the divorce in Mexico, an alien must be a legal resident of Mexico. The Interior Department (Secretaria de Gobernacion) issues a certificate that states that a particular person is a legal resident of Mexico and hence can take part in the divorce proceedings in the country.

The process of becoming a legal resident (immigrant) is very time-consuming and complex. The Mexican Consulate that is closest to the prospective immigrant’s residence in the U.S. is the venue where the application for a resident visa must be made. Along with this application, several documents are essential. One of these is the proof of income. Different incomes are specified for an individual and any dependant along with this individual.

Venue for obtaining Mexico Divorce Laws

In the Republic of Mexico, the divorce laws alter from one state to another. In any of these states or the Federal District, there is no Mexican Government office where one can procure any printed data pertaining to the laws. A compilation of the divorce laws of Mexico are not available in the Embassy. The consular officers are not permitted to interpret laws of any nation or play the role of legal advisors.

In the United States, there are many Mexican consular offices. It is thought that there might be Civil Codes of the various regions of Mexico in these offices and these may comprise of the divorce laws. However, there is one hurdle and that is Spanish language is used in these publications.

Process of getting a Decree

If a person desires to obtain a divorce in the State of Mexico, then it is recommended to meet a reputed lawyer in this State. Such a lawyer could intimate the client about the residency and documentary requirements. After the person fulfills the requirements of the laws of the Federal Government and the state, the lawyer can gauge the span of time essential to complete the process of divorce.

When a person gets a divorce in Mexico, this person must procure a certified copy of the Divorce Decree. This decree must be authenticated by the proper Mexican Government authorities, like those mentioned below.

  • Executive Director of Government (Oficial Mayor de Gobierno)
  • Secretary General of Government of the State (Secretario General de Gobierno del Estado)
  • Governor (Gobernador)

If the divorce decree is to be used in the United States, then the American consular office should authenticate the Mexican Government official’s signature on the decree. It is advisable that an official translator should translate this decree and certify the translation in the presence of an American consular officer. There are consular fees for taking the oath of a translator and authentication.

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