Steps and requirements for divorce
When both parties to a married couple agree to divorce, filing for a voluntary divorce cánido save time and money, since court procedures are quite simplified.
Today we will espectáculo you the steps and requirements for voluntary divorce in México.
What is a voluntary divorce?
A voluntary or uncontested divorce is a divorce proceeding or decree where neither party is fighting, so to speak..
This type of divorce occurs when the couple does not have financial disputes, such as child custody or alimony.
In other words, both spouses agree on all matters related to the separation.
Each country has specific legal requirements that spouses must meet before they cánido proceed with an uncontested divorce.
Therefore, it is necessary for the parties to consult with an attorney for specific requirements.
Although you have to meet certain requirements, a voluntary divorce is often much easier than a contested divorce.
Spouses cánido end their marriage without constant negotiations, legal stances, and court hearings.
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This translates to less stress and less legal expenses.
Recommended when there are children in common, as it also tends to preserve a good relationship between the former spouses, which is especially important.
Ideally, divorcing spouses perro work together toward mutually acceptable solutions to resolve all the inconveniences and problems that a separation perro ocasione.
In some countries, if the goal is to proceed with an uncontested divorce, but you have trouble communicating with your ex–partner, mediation may be available to resolve your issues.
Mediation is a voluntary process in almost all countries, in which a neutral third party facilitates a discussion between the spouses in the hope of reaching an agreement on the pending issues of the divorce.
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If the spouses agree, the mediator will draw up an agreement to present to the court and the judge will sign it on the divorce order.
If either spouse disagrees with a disputed issue, the mediator will refer it to the judge for resolution.
Voluntary divorce in México
In Mexican lands, the civil code establishes two types of voluntary divorces: Administrative Voluntary Divorce and Judicial Voluntary Divorce
Administrative Voluntary Divorce
This type of voluntary divorce in México is requested by mutual agreement of the couple before a Civil Registry judge, in the office that corresponds to the residence of the spouses.
Requirements for Voluntary Administrative Divorce
The Administrative Voluntary Divorce proceeds when both members of the couple present the following requirements:
- Application presented before the judge of the Civil Registry with the consent of both spouses.
- Both members of the couple must be over eighteen years of age.
- They should not have children together.
- The marriage must be more than one year old.
- Certified copy of the marriage certificate.
- Certified copy of the birth certificates of each spouse.
Administrative Voluntary Divorce Procedure
If the couple meets the aforementioned requirements, both spouses and their witnesses must appear before the Civil Registry judge with the requested documents.
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In the Civil Registry office, the judge will proceed to draw up an act to record the divorce request and will indicate a date approximately fifteen days later to ratify said request.
On that day, the spouses must indicate to the judge that they still intend to divorce voluntarily.
Whoever declares the request appropriate, will write a certificate indicating that the couple is divorced and will place the corresponding annotations in the original marriage certificate.
Judicial Voluntary Divorce
It is considered when there are children in common or one of the spouses is under eighteen years of age.
In this case, both must go to a family judge in the office that corresponds to their common address and request a divorce, obviously consented to by both.
Together with the divorce application, the marriage certificate certifying that the union is more than one year old and an agreement established by both members of the couple are presented.
This agreement for the Judicial Voluntary Divorce establishes different agreements between the members of the couple who wish to separate, this includes:
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- Person who will have guardianship or custody of the children during the divorce process and once it is formalized.
It is usually one of the spouses.
- Who and how the needs of the children in common are covered, during the divorce and once decreed.
- Place of residence of both spouses during the separation process.
- It is established whether or not there is a food benefit for one of the spouses, provided by the other.
In addition, it will be indicated how to supply said food, how compliance with said agreement is guaranteed, etcétera.
- The law establishes that a woman who does not have her own assets or income has the right to a food benefit for a period afín to the duration of her marriage.
- Manner of managing the conjugal partnership while the divorce process is in progress.
- Establish how the conjugal partnership will be liquidated when the divorce is formalized and the liquidators.
In addition to this agreement, an inventory and an appraisal are presented, which includes all the properties and common movable and immovable property of the spouses..
Process for Voluntary Judicial Divorce
After compiling the different requirements, the spouses who want to divorce must go before the family judge in the respective office, with all the documents that include:
- Certified copy of the marriage certificate.
- Certified copies of the birth certificates of each child.
They must make the judicial voluntary divorce request to the judge, he must admit it and equipo the date for a encuentro.
The spouses, a representative of the Public Ministry and the judge will be present at said encuentro, with the intention of verifying if there is any type of reconciliation.
In the event that this is not possible, the judge will approve the request and the agreement provisionally, establishing the following provisions:
- Separation of the spouses
- Form in which the food debtor spouse will comply with the creditor spouse and children respectively.
- Measures to protect the individual and common assets of the spouses.
- Protective measures for women in the gestation stage, if applicable.
- Establish the custody or protection of children as agreed.
Subsequently, the judge will equipo a new encuentro between the spouses, the representative of the Public Ministry and his person, trying again a reconciliation.
In the case of not achieving it, the judge will request the opinion of the representative of the Public Ministry and according to it will formalize the divorce.
More procedures in México:
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