Frequently Asked Questions About Divorce and Child Custody

When a marriage falls apart, the decision to separate can be a daunting one. Whether it's a mutual decision or one spouse seeks divorce without the other's consent, the road ahead often feels uncertain. This is especially true when it comes to issues like asset division, child custody, visitation rights, and child support. To help clarify some of the most common concerns, we've compiled answers to frequently asked questions about divorce in Mexico.

Divorce in Mexico

What is divorce?

Divorce is the legal process that ends a marriage, allowing both spouses to remarry. It legally dissolves the marital bond, granting each individual the freedom to move forward.

What are the options for getting a divorce in Mexico?

In Mexico, you can divorce either administratively or judicially, depending on the circumstances:

• Administrative divorce: This happens before a Judge or Civil Registry Official when both spouses agree, are of legal age, have no dependent children, and have settled their marital property (if applicable).

• Judicial divorce: This is handled by a court and allows either spouse to file for divorce, without needing to prove a specific cause.

How long does the divorce process take?

The time required varies depending on the type of divorce, court caseload, and whether there are any non-business days. However, Mexican law prioritizes speed and efficiency, aiming to resolve cases as quickly as possible.

Can you request a divorce if you live in different states or if one spouse is abroad?

Yes, one spouse can file for divorce from their current residence. If one spouse is outside of Mexico, they can grant power of attorney at a Mexican consulate, allowing a lawyer to represent them.

What happens to the assets after a divorce?

Asset division depends on the marital regime:

• Community property: Assets are divided according to what was agreed during the marriage.

• Separation of assets: Each spouse keeps what they acquired individually, but the spouse who handled the home may be entitled to a portion of the assets acquired during the marriage.

Child Custody in Divorce

Who gets custody of the children in a divorce?

In Mexico, custody is determined based on the child's best interests. While it was once common for mothers to receive custody, both parents now have a fair chance, provided they can ensure stability, well-being, and continuity in the child’s life.

What does the judge consider when deciding custody?

Judges evaluate several key factors, including:

• The stability and environment each parent can offer the child.

• The lifestyle and availability of each parent to care for the child.

• The location of the home and how it affects the child's school and social circle.

• The willingness of the parent to facilitate the child's relationship with the other parent and extended family.

• Any history of abuse, neglect, or other concerns that may jeopardize the child’s well-being.

Can a child choose which parent to live with?

Yes, depending on their age and maturity, children can express a preference for which parent they wish to live with. The judge will take this into account when making their decision, always prioritizing the child’s best interest.

What if the non-custodial parent believes the children are in danger?

If a parent believes their children are at risk under the other parent's custody, they can petition the court to intervene and provide evidence to support their claim. A family law attorney can assist in navigating these situations.

Is joint custody an option?

Yes, the court can award joint custody if it deems it to be in the best interest of the child. This allows both parents to actively participate in raising and educating their children.

What responsibilities does the non-custodial parent have?

The parent without custody still has the right to visit and spend time with their children. They also have a financial obligation to support the child through child support.

How is child support determined?

Child support is based on the income of the parent who is required to pay and the needs of the children. It covers food, education, healthcare, clothing, and recreation.

Can child support be modified?

Yes. If either parent’s financial situation changes or the children’s needs evolve, the amount of child support can be adjusted by the court.

Frequently Asked Questions

Who has priority for child custody?

There is no predetermined priority based on gender. Custody is determined by which parent can provide the best environment for the child's well-being.

What questions can a judge ask a child in a custody case?

Judges may ask about the child's daily life, their relationship with each parent, and their personal preferences regarding where they would like to live.

What assets are excluded from divorce?

Assets acquired before marriage, as well as inheritances and gifts, are typically not included in the divorce settlement.

What age can a child decide where to live?

From the age of 12, a child’s opinion is taken into consideration, but the best interest of the child always takes precedence in the decision.

What is the best age to divorce with children?

There’s no perfect age, but experts suggest that the emotional impact of divorce tends to be more significant between the ages of 6 and 12.

When can a baby live with their father?

It depends on factors such as breastfeeding and bonding. However, a father can request visitation rights from birth.

If you are seeking legal advice for your divorce or child custody case, UPLAW Abogados is here to help. Contact us for a consultation and receive a legal strategy tailored to your situation. Additionally, sign up for our newsletter to receive free legal advice and updates at: www.uplaw.com.mx/suscribirse.