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Free Guide to Hiring a Family Lawyer
Divorce and separation in Córdoba are governed by national family law principles set out in the Código Civil y Comercial de la Nación together with procedural rules applied by the Province of Córdoba courts. Divorce ends the marital bond and allows former spouses to remarry. Separation - whether de facto or judicial - refers to spouses living apart and often triggers provisional measures for custody, support and property control. Both consensual and contested processes are common, and same-sex couples and civil unions are treated under the same legal framework as opposite-sex marriages when it comes to dissolution and family rights.
Family law matters touch on personal safety, finances and children - three areas where legal help can make a major difference. You should consider hiring a lawyer if you face any of the following situations:
- Disagreements about child custody, visitation, parental authority or school and health decisions.
- Complex asset portfolios, business ownership, real estate or inherited property that must be divided.
- Disputes over child support or spousal support - calculating reasonable amounts and enforcing payments can be technical.
- Allegations of domestic violence or need for urgent protection orders.
- Cross-border issues, such as a spouse living abroad, foreign marriages or property in other countries.
- If you want to negotiate a settlement, draft a separation agreement or convert a separation into a divorce by mutual agreement.
- To defend against or enforce judgments, registrations and liens related to the marital estate.
Key aspects of divorce and separation law that are particularly relevant in Córdoba include the following general points:
- National framework - Family law is largely regulated by the national Código Civil y Comercial. This code defines divorce, parental responsibilities, support obligations and matrimonial property regimes. Córdoba applies these national rules through its family courts and procedural codes.
- Types of processes - Divorce can be sought by mutual agreement (consensual) or as a contested claim. Many matters can be resolved by agreement and homologation before a judge. When agreement is not possible, the judge decides the contested issues.
- Matrimonial property regimes - Couples may be under the default community regime (sociedad conyugal) or under separation of assets if they signed a marriage contract. Property acquired during the marriage is treated according to the chosen regime and this affects division on divorce.
- Child matters - Decisions on custody, residence, parental authority and visitation are guided by the best interests of the child. Courts may order provisional arrangements, expert evaluations, psychological reports and supervised visitation when necessary.
- Alimony and child support - Both spouses and children can be entitled to alimentos (support). Support is calculated based on needs of the recipient and the payer's capacity, including income, lifestyle and reasonable standards of living established during the marriage.
- Interim and protective measures - Courts can grant urgent measures to protect children, victims of domestic violence and marital assets. This includes restraining orders, exclusive use of the family home, temporary custody and provisional support.
- Mediation and conciliation - Family disputes often proceed through mediation or conciliation procedures before or during judicial steps. These mechanisms seek negotiated solutions and are encouraged as an effective and less adversarial path.
- Enforcement - Court orders for support, custody and property division can be enforced by execution procedures and, if needed, by administrative garnishment of wages or bank accounts.
- Provincial practice - Procedural details - such as which family court to file in, document requirements and expected timelines - depend on Córdoba court rules. Local practices may require an initial conciliation hearing or specific administrative steps.
You begin by filing a petition in the competent Family Court of your residence or the last common domicile. If you and your spouse agree on terms, you can file a consensual petition asking the judge to homologate your agreement. If the case is contested, the petition will trigger procedural steps for evidence, hearings and a judicial decision. A lawyer can prepare the petition and explain local filing requirements.
Timelines vary widely. A consensual divorce that includes settlement of custody, support and property can be completed in a few months. Contested cases that require evidence, expert reports and multiple hearings can take a year or more. Timeframes depend on the complexity of issues and court workload in Córdoba.
Yes. Since the national Código Civil y Comercial reforms, Argentine law allows divorce without the need to prove fault or a prior judicial separation period. Both parties can request divorce by mutual agreement or one spouse can petition alone. Specific procedural steps still apply in Córdoba courts.
Court decisions prioritize the best interests of the child - stability, health, education and emotional bonds. Judges consider parental capacity, the child’s wishes when appropriate for their age, and reports from social workers or psychologists. Courts may order shared parental authority with one parent having the child’s main residence, or other arrangements tailored to the child’s needs.
There is no single fixed percentage. Support is assessed by balancing the child's needs and the paying parent’s ability to pay - considering income, assets, family obligations and the child’s standard of living. Courts may order periodic payments, adjust payments for inflation, and require medical and education expense sharing.
Division depends on the matrimonial property regime. Under a community regime, assets acquired during the marriage are typically shared. Under separation of assets, each spouse keeps what is in their name except for specific exceptions. Property division can involve valuation, accounting for liabilities and negotiation or judicial partition.
If you face domestic violence, you can request urgent protection measures from the Family Court or police. Courts can order restraining orders, exclusion from the family home, and immediate provisional custody or support measures. Seek legal assistance and contact local social services or specialized support centers to ensure safety and legal protection.
Yes. A valid antenuptial agreement (capitulaciones matrimoniales) that sets the matrimonial property regime is generally respected by courts. Such agreements affect how property is divided. However, agreements that attempt to waive child support or abandon parental responsibilities will not be enforced to the detriment of children.
Foreign divorces may be recognized, but recognition depends on procedural and jurisdictional requirements. If a spouse obtained a divorce abroad, you may need to have the foreign judgment recognized and registered in Argentina, and confirm that procedural guarantees were respected. An attorney can advise on recognition and enforceability steps.
You are not required to hire a private lawyer. If you cannot afford one, you can request legal assistance through the Public Defender’s Office or legal aid services in Córdoba. For complex financial issues, business holdings, cross-border matters or domestic violence cases, specialized family law counsel is strongly recommended.
- Poder Judicial de la Provincia de Córdoba - Family Courts and court clerks provide procedural information and filing guidance.
- Registro Civil de la Provincia de Córdoba - for marriage, birth and marital status certificates you will need during a case.
- Colegio de Abogados de Córdoba - for lawyer referrals and professional directories when choosing private counsel.
- Public Defender’s Office or legal aid providers in Córdoba - for low-cost or free legal representation when you qualify.
- Provincial social services and the Secretaría de Niñez, Adolescencia y Familia - for child welfare, assessments and family support programs.
- Domestic violence support centers and emergency shelters - for safety planning and immediate protection if you are at risk.
If you need legal assistance for divorce or separation in Córdoba, consider the following practical steps:
- Gather important documents - marriage certificate, national identity documents (DNI), children’s birth certificates, proof of income, bank statements, property deeds, employment contracts, tax records, and any existing agreements or court orders.
- Seek an initial legal consultation - a lawyer can explain your rights, likely outcomes and a step-by-step plan. Ask about fees, expected timeline and strategies for negotiation or litigation.
- Consider mediation or conciliation - if safe and appropriate, these methods can speed resolution and reduce costs. A lawyer can help you prepare proposals and review agreements before they are signed and homologated.
- If there is risk of harm, ask for emergency protective measures immediately - police, family court and social services can take urgent steps to secure safety for you and your children.
- Prepare for interim needs - request provisional orders for custody, support and exclusive use of the home if necessary while the main proceedings continue.
- Keep records - preserve communications, financial documents and any evidence relevant to custody, abuse or property claims. These will be useful to your lawyer and the judge.
- If you cannot afford private counsel, contact the Public Defender’s Office or legal aid services in Córdoba to determine eligibility for representation.
Taking informed, practical action early helps protect your rights, the welfare of any children involved and your financial future. Legal guidance tailored to your situation is the most effective way to navigate divorce and separation in Córdoba.
