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Free Guide to Hiring a Family Lawyer
In Mendoza, as in the rest of Argentina, divorce and family matters are governed by a combination of federal law and provincial practice. The national framework is set by the Código Civil y Comercial de la Nación, which governs marriage, divorce, alimony, child custody and property division. Since 2015 Argentina moved to a no-fault divorce regime, allowing couples to dissolve their marriage without proving fault.
Within Mendoza, courts apply national rules while adapting procedures to local court calendars and rules of the Mendoza judiciary. This means practical steps, timelines and forms can vary slightly by court, but the substantive law remains consistent with national standards. Understanding the process, required documents, and possible outcomes helps residents plan effectively.
Key takeaway: Divorce can proceed by mutual agreement or contest, with custody, parenting time and support determined in light of the best interests of any children involved. In all cases, legally formalizing arrangements minimizes future disputes and enforces enforceable rights.
Divorce in Argentina has been governed by the Civil and Commercial Code since 2015, allowing no-fault dissolution of marriage. This shift emphasizes agreement and children’s best interests in custody and support decisions.
Fuente: Código Civil y Comercial de la Nación.
In Mendoza, a lawyer can help you gather financial disclosure, prepare a parenting plan, negotiate with the other party, and represent you in hearings to ensure orders reflect your best interests and comply with the law.
Notas y cambios relevantes: El CCyCN entró en vigor en 2015 con reformas que eliminaron la necesidad de demostrar culpa para obtener el divorcio. La Ley 26.061, vigente desde 2005 y con reformas posteriores, refuerza el interés superior del niño en decisiones de custodia y alimentos. En Mendoza, el Código Procesal Civil y Comercial regula la tramitación provincial de estos casos y se actualiza a través de reformas judiciales locales.
La protección de los derechos de los menores es central en las decisiones de custodia y visitas dentro de los procesos de familia en Mendoza.
Fuente: Ley 26.061 de Protección Integral de los Derechos de Niños, Niñas y Adolescentes; Código Civil y Comercial de la Nación.
Fuente adicional sobre la jurisdicción y procedimientos en Mendoza: Poder Judicial de Mendoza.
Identify whether you will pursue a mutual consent or a contested divorce. Gather documents such as marriage certificate, birth certificates of children, property records, and income information, then consult a local attorney to determine the best filing strategy.
For any divorce involving children, assets, or complex questions, a lawyer is advisable. A lawyer helps with paperwork, court filings, negotiations, and representing your interests in hearings.
Simple mutual consent divorces can take several months; contested divorces may take longer due to discovery, negotiations and hearings. Courts typically schedule hearings within 6-12 months, depending on the case complexity.
Residency requirements vary; generally, residency or ties to Mendoza may influence court jurisdiction. A local attorney can confirm whether your case qualifies for Mendoza courts.
Separation de hecho is a period of living apart, but divorce dissolves the legal marriage. You can divorce even after a separation de hecho, and property and custody orders can be finalized at the same time.
Yes, custody and parenting time can be modified if there is a material change in circumstances or if the court determines it serves the child’s best interests. A lawyer can file a modification petition with the court.
Child support follows criteria set by national guidelines and provincial practices, considering both parents’ incomes and the child’s needs. A lawyer can help you calculate and seek appropriate orders.
Common documents include a marriage certificate, birth certificates of children, proof of income, property titles or leases, and any existing court orders or prior agreements. A lawyer will provide a tailored checklist.
Many cases encourage or require mediation to reach agreements before court hearings. A lawyer can arrange or participate in mediation to settle disputes without trial.
Costs vary by case complexity, attorney experience, and court time. Expect upfront consultation fees, hourly rates, and potential additional charges for filings and expert valuations.
International elements may require serving abroad, enforcing orders abroad, and coordinating with foreign courts. A lawyer helps ensure orders are enforceable and properly executed.
Yes, you can seek protective or emergency orders through the local courts. A lawyer can assist with petitions, temporary custody arrangements and safety planning.
Judicial resources and child protection guidance are centralized across national and provincial portals to help residents navigate family law matters.
Lawzana helps you find the best lawyers and law firms in Mendoza through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
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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.
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