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Florida, Argentina

English
SP ABOGADOS | Estudio Jurídico is an Argentina-based law firm serving clients from its office in Florida, Vicente López, with coverage across Zona Norte, Zona Noroeste, and the City of Buenos Aires. The firm focuses its practice on employment law for workers, family law matters such as divorce,...
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About Divorce & Separation Law in Florida, Argentina

Florida is a neighborhood in the Partido of Vicente López, in Buenos Aires Province, Argentina. Divorce and separation in Florida are governed by national family law as set out in the Argentine Civil and Commercial Code and by the procedures applied in the local family courts of the province. Since the reform of the Civil and Commercial Code in 2015, divorce is available without proof of fault and without a prior judicial separation period - the focus is on resolving parental, patrimonial and protection issues through the family court system. Local family courts and civil registries in Vicente López handle filings, provisional measures and the final judicial approval of agreements or judicial decisions.

Why You May Need a Lawyer

Family law matters are often emotionally charged and legally complex. A lawyer can help in many common situations, including:

- Contested custody or parenting time disputes where the child-s best interest must be established and proven.

- Complex property division when there are businesses, foreign assets, pensions or significant real estate to value and divide.

- Negotiating or drafting agreements for spousal support, child support and parenting plans so they are enforceable and fair.

- Urgent protective measures in cases of domestic violence or risk to children, including emergency restraining orders and safe housing arrangements.

- International issues - if a spouse or child is abroad, or there are cross-border assets, legal advice is needed about jurisdiction and international treaties.

- Enforcing or modifying existing agreements or judgments - a lawyer can file enforcement actions or requests for modification when circumstances change.

Local Laws Overview

Key aspects of Argentine family law you should know in the context of Florida, Vicente López:

- Grounds for divorce - Under the national Civil and Commercial Code, divorce can be sought without assigning fault. Parties may file by mutual agreement or unilaterally when the marital bond has irretrievably broken down.

- No mandatory separation period - the 2015 reform removed the requirement to live apart for a set period before filing for divorce.

- Types of separation - People may be separated in fact - "separaci�n de hecho" - without court action, or pursue judicial separation or divorce through the family court. Judicial separation and divorce are distinct remedies with different legal consequences.

- Matrimonial property regimes - Married couples may be under different property regimes depending on their marriage contract. If no contract exists, the default regime under the applicable law applies. Division of assets requires valuation and a legal process to liquidate the conjugal partnership or perform equitable division.

- Spousal support - Temporary or permanent spousal support can be ordered based on need, standard of living during the marriage, and the paying spouse-s ability to pay.

- Child custody and parental authority - Courts prioritize the best interest of the child when deciding custody, visitation and parental authority. Argentine law usually favors shared parental authority unless there are reasons to limit it.

- Child support - Both parents have an obligation to financially support their children. Courts set support amounts based on the child-s needs and the parents- resources.

- Mediation and conciliation - Many family disputes are routed through mediation or conciliation processes before judges hear contested matters. Local rules and requirements vary by jurisdiction within the province.

- Protective measures - Argentina has laws and procedures to protect victims of gender-based and domestic violence. Courts can issue protective orders and direct police or social services interventions.

- Registration and formalities - Final divorce decrees and any modifications must be registered with the Civil Registry and the family court order is required to update civil status documents.

Frequently Asked Questions

How do I start a divorce in Florida, Vicente López?

Begin by consulting a family lawyer who knows local practice. The usual steps are to prepare a divorce petition or mutual agreement, file it at the relevant Juzgado de Familia or civil office, and provide required documents such as DNI, marriage certificate, children-s birth certificates and evidence of assets. Mediation or attempts at conciliation may be required before the judge sets a hearing.

Can I get divorced if my spouse does not agree?

Yes. Argentine law allows unilateral divorce. If a spouse does not agree, the petitioner can file a contested divorce and the court will decide on dissolution, custody, support and asset division based on the evidence presented.

How long does the divorce process take?

There is no fixed national timeline - duration depends on whether the divorce is by mutual agreement or contested, the court-s workload, whether mediation is required, and whether there are complex assets or custody disputes. Amicable divorces can be resolved in a few months; contested matters may take much longer.

How are assets divided?

Asset division depends on the matrimonial property regime in force for the marriage. The court or the parties will identify, value and divide conjugal property. Where businesses, pensions or foreign assets exist, valuation experts and specialized legal advice may be necessary to achieve a fair division.

Who gets custody of the children?

The court decides custody based on the best interest of the child. Judges consider the child-s needs, the parents- caregiving capacity, stability, work schedules and any evidence of risk. Shared custody is common when both parents are suitable and willing to participate.

How is child support calculated?

There is no single formula used everywhere. Courts consider the child-s reasonable needs, educational and health expenses, and the parents- financial ability. Support orders can include periodic payments and contributions to extraordinary expenses like medical care or schooling.

Can I get temporary measures while the divorce is pending?

Yes. The family court can order provisional measures such as temporary child support, temporary custody or residence assignments, and protective orders in cases of violence or risk. These measures are meant to maintain stability during the proceedings.

What if there has been domestic violence?

If you face domestic violence, seek immediate help. You can request urgent protective orders from the family or criminal courts, contact local police, and access social services and shelters. Argentina has legal protections for victims of gender-based violence and hotlines and municipal services that can assist. A lawyer or social worker can help secure protection measures quickly.

Do I need to change my name after divorce?

Changing your name is optional. If you want to revert to a former surname or change civil registry information, you must request the change and follow administrative procedures at the Civil Registry after the divorce decree is final.

What if one spouse lives outside Argentina?

International elements complicate jurisdiction, service of process and enforcement of orders. The courts will examine jurisdictional factors. If a spouse or child is abroad, international treaties and bilateral cooperation mechanisms may apply, especially in custody or child abduction cases. Consult a lawyer experienced in international family law to protect your rights and to coordinate cross-border enforcement.

Additional Resources

Useful resources and institutions to contact when seeking advice or help in Florida, Vicente López:

- Local Juzgado de Familia in Vicente López - for filings, hearings and provisional measures.

- Registro Civil - for marriage, divorce and civil status records.

- Ministerio de Justicia y Derechos Humanos - national and provincial offices provide information on family law and court procedures.

- Municipal social services of Vicente López - for support services, counseling and referrals.

- National helpline for gender-based violence - Línea 144 - for immediate assistance and information on shelters and protection.

- Local Bar Association - for referrals to qualified family law attorneys and legal aid options.

- NGOs and community organizations that provide counseling, mediation and support to families and victims of domestic violence.

Next Steps

If you need legal assistance with divorce or separation in Florida, Argentina, consider these practical next steps:

- Gather documents - collect your DNI, marriage certificate, children-s birth certificates, proof of income, bank statements, property deeds, tax records and any evidence relevant to custody or violence.

- Get a consultation - contact a local family lawyer for an initial consultation to discuss options, likely timelines and costs. Ask about experience with family courts in Vicente López and with cases similar to yours.

- Consider mediation - if safe and appropriate, mediation may allow a quicker and less expensive resolution of custody and property issues.

- Seek protection if needed - if you or your children are at risk, request urgent protective measures from the court or law enforcement and contact social services or Línea 144.

- Do not sign agreements without advice - make sure any proposed settlement is reviewed by a lawyer so that your rights and future needs are protected.

- Ask about legal aid - if you have limited means, ask about public defender services, pro bono options or local legal aid programs.

Family law matters are often time-sensitive and affect your daily life and your children-s future. Local legal advice from an experienced family lawyer will help you protect your rights and reach the most suitable outcome for your circumstances.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.