How to File for Divorce in Mexico: Step-by-Step Guide

What does family law cover in Mexico?

Family law in Mexico covers legal relationships between spouses, partners, parents and children, and other relatives, including marriage, divorce, custody, child support, domestic violence, and adoption. Most rules come from state civil or family codes, interpreted in line with the Mexican Constitution and national human rights standards.

Although each state has its own Código Civil or Código Familiar, several federal laws set common ground, such as:

• Constitución Política de los Estados Unidos Mexicanos - equality, protection of the family, rights of children.
• Código Civil Federal - applies directly in federal territories and as a model for state codes.
• Código Nacional de Procedimientos Civiles y Familiares (CNPCF) - new national code for civil and family procedures, gradually replacing local procedure codes up to 2027.
• Ley General de los Derechos de Niñas, Niños y Adolescentes - child rights and best-interest standard.
• Ley General de Acceso de las Mujeres a una Vida Libre de Violencia - framework on gender-based and family violence.

In practice, family law in Mexico includes:

• Formation and dissolution of marriage and concubinage
• Property regimes between spouses or partners
• Filiation, recognition of children, parental authority
• Custody, visitation, and child relocation
• Spousal and child support (alimentos)
• Adoption and, in some states, assisted reproduction and surrogacy rules
• Domestic violence and protection measures within the family

How is family status legally recognized in Mexico (marriage, concubinage, children)?

Family status in Mexico is primarily recognized through civil marriage, concubinage (stable common-law union), and filiation (the legal parent-child relationship). Only civil acts before the Registro Civil and courts create full legal effects; religious ceremonies do not create a marriage in the eyes of the state.

Marriage

Civil marriage is regulated by each state but with similar requirements:

• Where: Before the Registro Civil (civil registry) of the municipality.
• Who: Adults (18+) with legal capacity; exceptions for 16-17 are rare and require special authorization.
• Same-sex marriages: Recognized nationwide due to Supreme Court jurisprudence and state reforms.

Typical requirements include:

• Official ID (INE or passport) and CURP
• Birth certificates
• Medical certificate or premarital health test (some states no longer require this)
• Choice of property regime (sociedad conyugal or separación de bienes) in a marriage agreement
• Payment of civil marriage fees to the Registro Civil

Concubinage (concubinato)

Concubinage is a legally recognized stable union between two people who live together as a couple without being married. It generally requires:

• Continuous cohabitation, usually for at least 2 years, or
• Having a child together and living as a couple, even for a shorter time.

Concubines can have rights to:

• Alimony in case of separation (depending on the state)
• Inheritance rights if one partner dies without a will
• Social security benefits (IMSS, ISSSTE) if registered as beneficiaries

Filiation and recognition of children

Filiation is the legal parent-child relationship, regardless of whether the parents are married. Mexican law generally no longer distinguishes between "legitimate" and "illegitimate" children.

• Birth registration: Parents must register children at the Registro Civil, ideally within the first 6 months after birth. Late registration is still possible but may require extra documents or a court order.
• Paternity can be established by:
  • Presumption in marriage (husband is presumed father of children born during marriage and shortly after dissolution)
  • Voluntary acknowledgment before the Registro Civil
  • Judicial declaration (paternity suit, often using DNA tests)

How do marriage property regimes work in Mexico (sociedad conyugal vs separación de bienes)?

Mexico allows spouses to choose between a community property regime (sociedad conyugal) and a separate property regime (separación de bienes). This choice affects who owns what during marriage, how assets are divided on divorce, and inheritance rights.

Main marital property regimes

Choosing and modifying the regime

• You select the regime in the capitulaciones matrimoniales (marriage contract) signed before or at the civil ceremony.
• The contract can specify:
  • Which assets are part of the community and in what percentage
  • How debts will be assumed
  • Rules for administration of assets and profits
• In many states, you can change the regime later by:
  1. Signing a new marital agreement before a notary public
  2. Registering it in the Registro Civil and the Public Registry of Property

If spouses do not clearly choose a regime, some state codes presume sociedad conyugal, while others allow judges to interpret the couple's conduct and agreements. For significant assets or businesses, a tailored marital agreement drafted with a notary and lawyer is highly advisable.

How can you get divorced in Mexico, and how long does it take?

Divorce in Mexico is available even if only one spouse wants it, mainly through no-fault divorce (divorcio incausado), and the process can take from about 3 to 8 months depending on complexity and court workload. Other forms, such as administrative divorce and mutual consent divorce, apply in specific situations.

Main types of divorce

No-fault divorce basics (divorcio incausado)

Most Mexican states now allow unilateral divorce without proving fault. Typical steps are:

1. The requesting spouse files a divorce claim in the family court of the marital domicile or last shared residence.
2. The court admits the claim and notifies the other spouse.
3. If there are children or property, the claimant must propose provisional measures (temporary custody, support, use of the family home).
4. The judge holds hearings, may request reports (e.g. from DIF or social workers), and encourages negotiation.
5. The judge issues a divorce judgment and approves or modifies the final arrangements.
6. The judgment is registered with the Registro Civil to annotate the marriage certificate.

Documents and costs

Common documents:

• Official ID and CURP
• Certified copy of the marriage certificate
• Birth certificates of children
• Evidence of income and expenses (for support)
• Titles or documents for properties to be divided

Approximate costs (vary widely by state and complexity):

How are child custody and parental authority decided in Mexico?

Child custody and parental authority in Mexico are decided based on the best interests of the child, not on which parent is "to blame" for the separation. Courts distinguish between parental authority (patria potestad) and day-to-day custody (guarda y custodia).

Parental authority (patria potestad)

Patria potestad covers major decisions and legal representation of minors, such as education, health, and administration of assets. Usually:

• It belongs to both parents jointly, even after divorce.
• It can be limited, suspended, or lost in serious cases (e.g. abuse, neglect, abandonment, severe addiction, violence).
• Grandparents or other relatives can obtain it if both parents lose or cannot exercise it.

Custody (guarda y custodia) and visitation

Custody refers to which parent children live with and who handles daily care. Courts evaluate:

• Child's age, health, and emotional needs
• Who has been the primary caregiver
• Each parent's availability, housing, and support network
• Any history of violence, substance abuse, or neglect
• The child's wishes, especially for older children and adolescents

Common outcomes:

• Sole custody with one parent and visitation (convivencia) for the other.
• Shared or alternating custody (less common, but increasingly used when parents cooperate and live near each other).
• Supervised visits or temporary suspension of visits in cases of risk or violence.

Relocation and international moves

Relocation with children, especially abroad, is sensitive and often requires either:

• Written consent from the other parent, or
• Judicial authorization from the family court.

Removing a child from their habitual residence without consent or court authorization can be treated as wrongful retention or abduction, especially when crossing borders. Mexico is a party to the Hague Convention on the Civil Aspects of International Child Abduction, so international return actions are possible.

Modifying custody arrangements

Custody and visitation orders are not immutable. Either parent can request modification if:

• There is a relevant change in circumstances (e.g. new work schedule, move, health issues).
• There are credible allegations of abuse, neglect, or serious conflict.

The judge will again use the best-interest-of-the-child standard and may order new social and psychological evaluations through DIF or court-appointed experts.

How is child support (pensión alimenticia) calculated and enforced in Mexico?

Child support in Mexico is calculated based on the needs of the child and the paying parent's financial capacity, often expressed as a percentage of income. Courts can enforce support through wage garnishment, asset seizure, travel bans, and even criminal penalties in extreme cases.

What child support includes

Support (alimentos) covers not only food but also:

• Housing and utilities
• Clothing and basic personal items
• Education (tuition, books, school supplies)
• Health care (medical consultations, medications, insurance if possible)
• Transportation related to school and health

How courts set the amount

There is no single federal formula, but many judges and state codes use proportional guidelines such as:

• A percentage of the net income (sueldo neto) of the parent who pays, adjusted for:
  • Number of children
  • Special needs
  • Other dependents (e.g. children from another relationship)
• In some states, non-binding ranges like 15-20 percent for one child, 25-30 percent for two, 30-35 percent for three, etc.

If the paying parent works informally or hides income, the judge can consider lifestyle indicators and evidence from bank accounts, tax data (SAT), or testimony to estimate real capacity.

Enforcement tools

Courts and authorities can enforce child support by:

• Ordering wage garnishment (descuento por nómina) directly from the employer.
• Ordering banks to freeze or debit accounts for arrears.
• Placing liens (embargos) on vehicles or real estate.
• Requesting that authorities deny or revoke passports or vehicle registrations in some states.
• Initiating a criminal complaint for non-compliance with family obligations, depending on state criminal law.

Support obligations usually continue until the child reaches 18, but can extend if the child continues studying or has a disability that prevents self-support.

What protections exist for domestic violence and family abuse in Mexico?

Domestic violence victims in Mexico can obtain rapid protection measures through the Ministerio Público, family courts, and DIF, including removal of the aggressor from the home, restraining orders, and temporary custody and support orders. Federal and state laws require authorities to prioritize safety and act with due diligence.

Legal framework and authorities

• Ley General de Acceso de las Mujeres a una Vida Libre de Violencia sets national principles and obligations for authorities.
• Each state has its Ley de Acceso and criminal code provisions on family violence or domestic violence.
• Key institutions:
  • Ministerio Público (public prosecutor)
  • Juzgados Familiares (family courts)
  • DIF estatal y municipal (family welfare agencies)
  • Specialized women's institutes (e.g. INMUJERES, state women's institutes)

Types of violence recognized

Mexican laws recognize multiple forms of violence within the family, including:

• Physical
• Psychological or emotional
• Economic or patrimonial (control of money, assets, work)
• Sexual
• Obstetric and other institutional violence in health and justice systems

Protection measures

Immediate measures (often granted within hours or days) can include:

• Removal of the aggressor from the family home
• Prohibition of approaching or contacting the victim and children
• Temporary custody of children and provisional support
• Police protection and, in some cases, shelter placement
• Seizure of weapons

To seek help, a victim can:

• Call 911 in emergency situations.
• Go to the Ministerio Público to file a complaint and request protection measures.
• Attend a DIF office or women's justice center (Centro de Justicia para las Mujeres) if available.
• File directly before a family court with the help of a lawyer or public defender.

How does adoption and assisted reproduction work under Mexican law?

Adoption in Mexico is a judicial process that aims to protect children without adequate parental care, managed mainly through DIF and family courts. Assisted reproduction and surrogacy rules vary by state, with some states expressly regulating them and others lacking clear norms.

Adoption

Key elements of adoption in Mexico:

• Types: Full adoption (most common) completely replaces the original filial ties, granting the child the same rights as a biological child.
• Authorities:
  • DIF Estatal or Municipal evaluates prospective adoptive parents and proposes matches.
  • Juzgados Familiares approve the adoption through a court judgment.
• Requirements (vary by state but typically include):
  • Minimum age and age difference with the child (e.g. 25+ and at least 15 years older than the child)
  • Stable income and housing
  • Psychological and social evaluations
  • No serious criminal record
  • Single persons and same-sex couples can adopt in many states, following non-discrimination principles.

General steps:

1. Apply with DIF and provide documentation (IDs, income proof, health certificates).
2. Complete courses and evaluations (home visits, interviews, psychological tests).
3. Enter a waiting list until a child is proposed.
4. Participate in a "social integration" period with the child.
5. DIF submits a report and the case to the family court.
6. The judge holds hearings and, if appropriate, approves the adoption.
7. The adoption is recorded at the Registro Civil, and a new birth certificate is issued.

Assisted reproduction and surrogacy

Assisted reproduction techniques (ART), like in vitro fertilization, are generally allowed in private clinics, but legal rules are patchy and mostly relegated to medical regulations and state health laws. Surrogacy is explicitly regulated or restricted in only a few states (historically Tabasco and Sinaloa, with legal changes limiting foreign and commercial surrogacy); elsewhere, it may be unregulated or barred.

Because of this legal fragmentation, cross-border surrogacy and ART arrangements involving Mexico can be legally complex, especially regarding filiation and birth registration. Specialized legal advice and careful review of local state law are essential before entering such arrangements.

What happens in cross-border family situations involving Mexico?

Cross-border family situations involving Mexico are governed by Mexican domestic law, international treaties like the Hague Conventions, and, in many cases, foreign law that Mexico recognizes. Issues commonly arise around foreign marriages and divorces, binational children, and international child abduction.

Foreign marriages and divorces

• Marriages validly celebrated abroad are generally recognized in Mexico once duly legalized or apostilled and translated.
• Foreign divorces can be recognized through a homologación (recognition of foreign judgment) proceeding in Mexican courts, especially when they affect property or parental rights in Mexico.
• Recognition is more complex if:
  • One spouse was not properly notified abroad
  • There are Mexican public policy concerns, especially around custody and support

International child abduction and relocation

Mexico is a member of the Hague Convention on the Civil Aspects of International Child Abduction. If a child is wrongfully removed from their habitual residence or retained in another country, the left-behind parent can request the child's return through the Hague process.

• In Mexico, the Secretaría de Relaciones Exteriores (SRE) acts as the Central Authority.
• Family judges handle Hague return cases with priority under the CNPCF and applicable international rules.
• Parallel criminal proceedings for child abduction may exist but are distinct from the Hague process.

Binational couples and immigration issues

• Foreign spouses of Mexican nationals can obtain temporary residence through family ties, managed by the Instituto Nacional de Migración (INM).
• Separation and divorce can affect migration status; foreign spouses may lose or need to modify their residence permits after divorce.
• Registration of foreign-born Mexican children at Mexican consulates is important for securing dual nationality and future rights.

When should you hire a family lawyer in Mexico?

You should hire a family lawyer in Mexico whenever your case involves possible court proceedings, significant property, complex custody issues, or cross-border elements. For simple registry procedures, you can often proceed without a lawyer, but legal advice helps avoid costly mistakes.

Situations where a lawyer is highly advisable

• Contested divorce with disagreement over children or property.
• High-value assets, family businesses, or real estate in multiple states or countries.
• Complex custody issues, including relocation, parental alienation claims, or risk of abduction.
• Serious domestic violence where coordinated civil, criminal, and protection measures are needed.
• International elements: foreign spouse, foreign marriage or divorce, or children with dual nationality.
• Adoption, surrogacy, or assisted reproduction arrangements.

What a family lawyer typically does

• Explains your state-specific rights and obligations in clear terms.
• Designs a negotiation or litigation strategy focused on realistic outcomes.
• Prepares petitions, responses, agreements (convenios), and evidence.
• Represents you in hearings and negotiations with the other party.
• Coordinates with notaries, DIF, and other authorities when needed.

For low-income individuals, many states offer access to defensores de oficio (public defenders) or legal aid through DIF or local law schools, especially for child support and domestic violence matters.

What are the next steps if you have a family law issue in Mexico?

The next steps depend on your situation, but they usually involve gathering documents, clarifying your objectives, and getting either legal advice or institutional support. Acting early and documenting everything significantly improves your position.

Practical step-by-step roadmap

1. Define your main goals
   • Do you want to separate or formalize a relationship?
   • Are you focused on protecting children, income, or property?
2. Collect key documents
   • IDs, CURP
   • Marriage certificate, birth certificates of children
   • Proof of address
   • Income and expense evidence (pay slips, bank statements, invoices)
   • Property documents (titles, contracts, deeds)
3. Assess urgency and safety
   • If there is violence or immediate risk, contact 911, go to the Ministerio Público, or approach a Centro de Justicia para las Mujeres or DIF right away.
   • Request protection measures and temporary custody or support if needed.
4. Seek legal guidance
   • Consult a private family lawyer or a public defender in your state.
   • For cross-border issues, find a lawyer experienced in international family law.
5. Consider negotiation options
   • Ask your lawyer about mediation or conciliation, which many Mexican courts promote.
   • If you can, work toward a written agreement (convenio) that the court can approve.
6. File or respond to proceedings
   • If you start the process, follow your lawyer's guidance to file in the correct court.
   • If you receive a notification, do not ignore it; deadlines to respond are short under the CNPCF and local laws.
7. Keep records and stay organized
   • Save copies of all court documents, receipts, and communications with the other party and authorities.
   • Document child-related expenses and any incidents of violence or non-compliance with orders.

Family law disputes in Mexico are emotionally demanding, but the legal framework offers tools to protect children, secure financial stability, and exit harmful relationships. Early, informed action and professional support are the best ways to safeguard your rights and those of your family.