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Free Guide to Hiring a Family Lawyer
Mar del Plata is a major city in the Buenos Aires Province, where family matters such as divorce, separation, custody and alimony are handled by provincial courts of the Buenos Aires jurisdiction. The governing framework combines national laws with provincial procedural rules. In general, couples may pursue divorce through mutual agreement or through contested processes, with or without fault, depending on the circumstances.
Since 2015 the national Civil and Commercial Code (Código Civil y Comercial de la Nación) governs the core rules for divorce and related matters. The Code introduced divorce without requiring proof of fault and expanded options for mutual consent. In practice, couples in Mar del Plata file in local Juzgados de Familia or other family courts to obtain a divorce decree, address child custody, and settle property matters.
Common topics touched by divorce proceedings in Mar del Plata include custody and visitation (tenencia y régimen de visitas), child support (alimentos), and the division of marital assets (partición de bienes). When children are involved, judges assess the best interests of the child and may order temporary arrangements while a case is pending. Local procedures are implemented through the Buenos Aires Province court system and the relevant family law regulations.
Practical note: real-world processes in Mar del Plata often require gathering documents such as marriage certificates, birth certificates of children, proof of income, and property records. A local attorney familiar with Mar del Plata courts can help tailor the strategy to your situation and ensure timely submission of pleadings and affidavits.
Divorce and separation matters in Mar del Plata frequently involve technical filings, evidentiary requirements, and negotiations over custody and assets. A qualified solicitor or attorney helps align your objectives with local practice and reduces risk of delays.
Código Civil y Comercial de la Nación - Governs the basic framework for divorce in Argentina, including no-fault divorce, mutual consent options, and the procedures for obtaining a divorce decree. It has been in force since 2015 and provides the national backbone for family law in Mar del Plata.
"El divorcio puede solicitarse sin probar culpa y puede hacerse por mutuo acuerdo o por resolución judicial."InfoLEG - Código Civil y Comercial de la Nación
Código Procesal Civil y Comercial de la Provincia de Buenos Aires - Regulates procedural aspects for family cases in Buenos Aires Province, including Mar del Plata. This provincial code governs filing requirements, timelines, and court procedures for divorces, separations y asuntos de familia within the jurisdiction. The provincial rules are applied in conjunction with the national Code for family matters in this city.
Ley de Protección Integral para Prevenir, Sancionar y Erradicar la Violencia contra las Mujeres - Also known as a framework for addressing violence against women, this law affects divorce proceedings by enabling protective measures, safety planning, and related remedies within family law matters. It helps shield a party and children during the divorce process.
"La Ley 26.485 establece medidas de protección y procedimientos para prevenir la violencia contra las mujeres."Argentina Gobierno - Violencia contra las Mujeres
Gather essential documents, choose between mutual consent or contested divorce, and locate a local abogado specialized in family law before filing at the appropriate family court.
Mutual consent divorces often take about 6 to 12 months, depending on the completeness of the agreement. Contested cases may extend to 12-24 months or longer.
Yes, you may file in Argentina while living abroad. A local lawyer can coordinate service of process and ensure compliance with international notice rules.
Local expertise matters. A Mar del Plata abogado knows city courts and local procedures, while a national attorney offers broader experience across jurisdictions.
Common documents include marriage certificate, birth certificates of children, proof of income, assets and liabilities, and identification. Additional documents may be requested by the court.
No, a spouse may file without a lawyer in some cases, but most proceedings require counsel to protect rights and navigate complex procedures effectively.
The judge prioritizes the child is best served by maintaining a meaningful relationship with both parents, with arrangements tailored to each child’s needs.
Alimony and child support are determined in the context of the parents’ incomes, needs of the child, and existing custodial arrangements, with court oversight.
Costs include filing fees, attorney fees, and potential expert expenses. Fees vary by complexity and attorney experience and are typically discussed in the initial consultation.
Often not, if both parties agree and submit a negotiated settlement. Some appearances may still be required for final validation or specific issues.
Many courts encourage or require mediation to resolve custody and property issues before trial, reducing litigation time and costs.
Mutual consent divorces are agreed by both spouses and settled by a court order. Contencioso divorces involve contested issues and court litigation.
