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Free Guide to Hiring a Family Lawyer
San Justo is the cabecera of La Matanza Partido in the Province of Buenos Aires. Divorce and separation matters for residents of San Justo are handled under Argentina's national Civil and Commercial Code and by the provincial family courts sitting in La Matanza. Since the reform of family law in 2015, Argentina allows divorce without the need to prove fault. Couples can seek divorce by mutual agreement or through a court process when agreement is not possible. Family law in Argentina focuses on the protection of children and vulnerable parties, on fair distribution of economic rights, and on access to maintenance when necessary.
Divorce and separation raise legal, financial and emotional issues that are often complex. You may need a lawyer if you face any of the following situations:
- There are children involved and you need to establish custody, visitation, or child support.
- There is disagreement about property division, business ownership, or pensions.
- One spouse seeks spousal maintenance or requests payment of retroactive support.
- There are allegations of domestic violence or you need urgent protective measures.
- Cross-border issues arise because one spouse or the children live abroad or assets are located overseas.
- You need to complete procedural steps in the family court of La Matanza and meet formal requirements for filings and evidence.
- You want to negotiate a settlement, prenuptial or postnuptial agreement, or a parenting plan and prefer legal protection and precise drafting.
Key legal aspects that typically affect divorce and separation in San Justo include the following:
- No-fault divorce: Under the Civil and Commercial Code, divorce can be requested even if only one spouse wants it. The law allows divorces by mutual agreement or by unilateral petition when no agreement exists.
- Custody and parental authority: Courts decide physical custody - often called tenencia - and parental authority - patria potestad - based on the best interests of the child. Joint custody is encouraged where appropriate, but the final arrangement depends on circumstances including the childs needs and parents capacity.
- Child support: Parents owe alimentos to their children. Support amounts are determined by the child's needs and the paying parent’s capacity to contribute. Courts may order periodic payments and can determine retroactive liabilities in certain circumstances.
- Spousal maintenance: In some cases a spouse may be entitled to maintenance if they cannot reasonably support themselves. The court evaluates needs, the parties’ standard of living, and available resources.
- Property regimes and division: The matrimonial property regime chosen by the spouses - for example separation of assets or community regimes - will guide how assets and debts are divided. Prenuptial or postnuptial agreements affect property division. When no clear agreement exists, courts apply applicable law and equity principles.
- Mediation and alternative dispute resolution: Family mediation is commonly used and in many jurisdictions is required or strongly encouraged before contentious hearings. Local courts and mediation centers in La Matanza offer services to help spouses reach agreements on custody, support and property division.
- Domestic violence protections: Argentina has national protections against gender-based and domestic violence, including emergency protection orders and preventive measures. Courts can issue restraining orders and other urgent measures under applicable laws, including Law 26.485 on comprehensive protection against gender-based violence.
There is no fixed timeline. A consensual divorce where spouses present a joint agreement on custody, support and property division can be completed relatively quickly, often within a few months after completing required paperwork and court steps. Contested cases can take much longer - from many months to several years - depending on complexity, court workload, and whether appeals are filed.
Yes. Argentine law allows unilateral divorce requests. If spouses cannot agree on terms, the filing spouse can petition the family court and the judge will decide on unresolved matters such as custody, support and asset division.
Family judges in La Matanza decide custody. The assessment focuses on the childs best interest, including emotional bonds, daily care, stability, education, health, and each parent’s ability to provide. Courts may order expert reports, social studies or evaluations by child and family services to inform decisions.
There is no single nationwide formula. Courts consider the childs reasonable needs - food, education, health, clothing, housing - and the paying parent’s income and capacity to contribute. Judges may order a fixed monthly amount, a percentage of income, or payments tied to specific expenses. Courts can also adjust amounts if circumstances change.
Spousal maintenance is possible if one spouse lacks sufficient means to sustain themselves and the other has the capacity to pay. Factors include length of marriage, each spouse’s earning capacity, contribution to family life, and responsibility for childcare. Maintenance may be temporary or long-term depending on circumstances.
Division depends on the marital property regime in place and on any agreements between the spouses. If a separation of assets regime exists, each spouse may retain their property. Under community or shared regimes, property and accumulated gains during the marriage are divided according to law or agreement. Courts will also consider debts and contributions by each spouse.
Mediation is commonly required or strongly encouraged by family courts in Buenos Aires Province, and local mediation centers exist in La Matanza. Even when not mandatory, mediation can save time and cost by helping parties reach a negotiated settlement on custody, support and property division. Ask the local family court whether mediation is required for your case.
If you or your children are at risk, seek immediate help. Courts can issue urgent protection orders, remove the aggressor from the shared home, and restrict contact. Law 26.485 provides measures for prevention and protection. Report violence to the police, seek a medical certificate if injured, and contact the family court or local victim support services to request protective measures and legal assistance.
If a spouse or child lives abroad or assets are outside Argentina, additional legal questions arise - jurisdiction, international custody enforcement, and recognition of foreign judgments. Argentina is party to some international conventions, but outcomes vary. Consult a lawyer experienced in international family law to protect your rights and to manage enforcement across borders.
Public defenders and legal aid services can assist those who cannot afford private counsel. In La Matanza and Buenos Aires Province there are defensorias oficiales, public legal aid offices, and family court social services. Non-governmental organizations and women’s support centers also provide guidance for victims of violence. Check with the local family court or municipal social services for available programs.
Useful resources to consult when dealing with divorce and separation in San Justo include:
- Juzgados de Familia de La Matanza - the local family courts that handle divorce, custody and protection measures.
- Registro Civil de La Matanza - for marriage and birth certificates needed in proceedings.
- Ministerio de Justicia y Derechos Humanos de la Nacion - national information on civil and family law reforms and procedures.
- Defensoría Oficial de la Provincia de Buenos Aires - public defender offices offering legal assistance to people with limited resources.
- Ministerio de las Mujeres, Generos y Diversidad - national resources for victims of gender-based violence and guidance on protective measures.
- Centros de Mediacion Judicial y Centros Comunales de Accion Social in La Matanza - local mediation and social assistance services.
- Servicios locales de proteccion de derechos y organizaciones civiles que trabajan con familias y mujeres - for counseling, shelter and social support.
If you need legal assistance with divorce or separation in San Justo, follow these practical steps:
- Gather documents: marriage certificate, DNI of both spouses, children’s birth certificates, proof of income, bank statements, property deeds, vehicle titles, pension documents and any evidence relevant to custody or violence.
- Seek immediate protection if you or your children are at risk: contact police, court offices or local victim support centers to request urgent measures.
- Consult a specialist family lawyer who practices in La Matanza or request help from the public defensoría if you cannot afford a private lawyer. A local lawyer will know the procedural practices of the San Justo area and the relevant family judges.
- Consider mediation: ask the family court about mandatory mediation programs and whether you can reach a faster, less costly agreement through a mediator.
- Prepare a clear account of your goals and questions for your lawyer: custody preferences, financial needs, property claims and any safety concerns. This helps your lawyer evaluate options and prepare filings efficiently.
- Keep records: preserve messages, financial documents and any incidents of violence or threats. These records are important evidence for court proceedings.
- Stay informed about timelines, costs and possible outcomes. Your lawyer should explain procedural steps, expected duration and likely remedies so you can make informed decisions.
Family law matters are often sensitive and stressful. Obtaining timely legal advice and using available local resources will help protect your rights and guide you through the process in San Justo and La Matanza.
