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Free Guide to Hiring a Family Lawyer
Divorce in Argentina is governed by national family law but processed through provincial courts. The current framework is set out in the Código Civil y Comercial de la Nación (Law 26.994, 2015), which modernized many aspects of family law including divorce, parental rights and support obligations. In Córdoba, family matters are handled by the provincial family courts - often called juzgados de familia - which apply the national code together with relevant provincial rules.
When one or both spouses are members of the armed forces, the divorce itself remains a civilian family-law process. However, military status can affect certain practical and legal issues such as access to retirement benefits, special pay items, administrative disciplinary consequences, security clearances and the need to coordinate with military human resources or pensions offices. Because of these overlaps, military divorces can be more complex than civilian divorces and often require lawyers familiar with both family law and military-administration matters.
You should consider hiring a lawyer if your case involves any of the following situations:
- Division of assets or debts that include military pay, allowances, or pensions.
- Disputes about child custody, visitation, parental decision-making or international relocation of children.
- Contested requests for spousal support or child support, or cases needing provisional support while the matter is pending.
- Allegations of domestic violence, stalking, or criminal conduct that require protection orders or coordination with criminal or administrative processes.
- Complex procedural questions about jurisdiction, service, or enforcing foreign judgments if one spouse is stationed abroad.
- Questions about how divorce will affect military benefits, housing, insurance, or retirement - including whether administrative procedures with the defense ministry or military pension offices are needed.
- Situations where quick emergency measures are needed - for example urgent custody, removal of a spouse from shared housing, or urgent financial relief.
In these situations a lawyer can assess legal options, file appropriate petitions and protective measures, negotiate agreements, and represent you in court and in administrative proceedings affecting military status or benefits.
Key legal points to understand for military divorce in Córdoba:
- Applicable law: Divorce and family law issues are governed by the Código Civil y Comercial de la Nación (Law 26.994, 2015). Provincial family courts in Córdoba apply this code when hearing matters.
- Types of divorce: The national code allows divorce through mutual agreement or through a unilateral petition by one spouse. Courts can grant divorce even if spouses do not consent, subject to procedural requirements and the court's review.
- Property regime: Marital property regime determines how assets and debts are divided. Couples may have agreed to a specific regime at the time of marriage, or a default regime may apply. Military pay and benefits may be treated differently depending on their nature - current pay, special allowances and pensions can each raise distinct issues.
- Support obligations: Child support - called alimentos - is a priority obligation. Spousal support may be available in appropriate cases. Courts can issue provisional support orders while the divorce is pending.
- Child custody and parental responsibilities: Courts decide based on the best interests of the child. Córdoba family courts will consider stability, primary caregiver, schooling, and the child's ties to each parent.
- Enforcement and provisional measures: Family courts can grant temporary orders for custody, support, restraining orders and division of use of the marital home while the main case is pending.
- Military-specific interactions: The armed forces have internal regulations affecting employment, housing, promotions and pensions. Civilian courts do not replace military justice or administrative procedures, so coordination with the relevant military departments may be necessary to resolve pension or benefit questions.
Yes. Military status does not prevent a spouse from filing for divorce in civilian family courts. Active duty may affect logistics - such as serving documents if a spouse is posted abroad - and may require coordination with the service member's chain of command or personnel office for administrative steps.
Military pensions and retirement benefits can be a major issue in divorce. Whether and how they are divided depends on the type of benefit, applicable law and whether the benefit is considered marital property or an earned, non-transferable entitlement. Often a court order or an administrative agreement with the military pension authority is necessary to secure a spouse's share. You should get legal advice early to preserve rights and understand procedures for making claims against pension benefits.
Córdoba family courts decide custody and visitation - focusing on the best interests of the child. Frequent deployment is a relevant factor. Courts may award primary residence to the parent with greater stability or arrange a parenting plan that accounts for deployments, including supervised exchanges, technological communication and contingency clauses for deployment periods.
Yes. Provincial family courts and criminal courts can issue protection orders and emergency measures. Argentina also has a national helpline for gender-based violence - dial 144 - and provincial support services. If you are in immediate danger, contact the police and seek a protection order through the family or criminal court. A lawyer or public defender can help prepare the necessary requests.
Mediation and negotiation are often encouraged for issues like asset division, custody and support. Many courts promote or require mediation before a contested hearing. However, mediation is not appropriate in cases with serious domestic violence or where there is a great power imbalance. A lawyer can advise whether mediation is an option and represent you in negotiations.
Divorce itself is a civil matter and does not automatically terminate a military career. However, certain conduct revealed in the divorce process - for example criminal behavior, abuse, financial misconduct or loss of security-relevant stability - could lead to disciplinary proceedings or affect security clearance. The armed forces have their own administrative and disciplinary rules that operate separately from civilian courts.
There is no fixed timetable. An uncontested divorce by agreement can be resolved relatively quickly - sometimes in months - if provisional issues are settled. Contested divorces with custody disputes, complex asset division or pension claims can take a year or more. Delays depend on court workload, the complexity of issues and whether appeals are filed.
Useful documents include marriage certificate, identification documents, children’s birth certificates, proof of income and pay slips, bank and investment statements, property titles or lease agreements, military service record and pension statements, insurance and housing documentation, and any records of domestic violence or police reports. These help a lawyer evaluate assets, support needs and procedural options.
Yes. The court can proceed even if a spouse is abroad or non-cooperative. Service of process rules apply and international service may be required, which can slow the process. In many cases provisional measures like temporary custody or support can still be obtained. A lawyer experienced in international family law can assist with cross-border service and enforcement.
Costs vary depending on the lawyer, the complexity of the case and whether the matter settles or goes to trial. Many lawyers offer an initial consultation for a fee or sometimes free. If you cannot afford private counsel there may be public defender services or free legal aid available through the provincial Defensoría Pública or legal aid programs run through the Colegio de Abogados. Ask about payment plans, unbundled services and whether the attorney can handle both the court and any necessary administrative interactions with military agencies.
Consider contacting the following local and national resources for information and assistance:
- Poder Judicial de la Provincia de Córdoba - family court offices (juzgados de familia) for filing procedures and court locations.
- Colegio de Abogados de la Provincia de Córdoba - for lawyer referral services and information about legal aid.
- Defensoría Pública or provincial legal aid services - for free or low-cost legal representation when you qualify.
- Ministry of Defense and the personnel or human-resources office of the relevant armed force - for information about pensions, benefits and administrative procedures.
- Military pension and social security offices - to obtain records and clarify entitlements.
- Domestic violence support services including the national helpline 144 - for immediate assistance and guidance if you face gender-based violence.
- Family mediation centers or court-sponsored mediation programs - for alternatives to contested litigation.
If you are considering or facing a military divorce in Córdoba, here is a practical roadmap:
- Gather documents: collect IDs, marriage and birth certificates, pay slips, pension statements, bank records, property documents and any evidence relevant to safety or custody.
- Seek legal advice: contact an attorney experienced in family law and, if possible, with familiarity in military-related issues. Use the Colegio de Abogados for referrals or the Defensoría Pública if you need low-cost representation.
- Consider safety: if there is any risk of violence, prioritize personal safety. Contact emergency services, get a protection order and use support services immediately.
- Explore provisional measures: ask your lawyer about urgent orders for custody, support or exclusive use of the home while the main case proceeds.
- Communicate with military administration: notify the relevant personnel or pensions office as advised by counsel so that benefits, housing or pay issues are documented and managed correctly.
- Evaluate resolution options: discuss mediation or negotiation to reduce time and cost if it is safe and appropriate. If negotiation fails, prepare for contested proceedings with clear documentation and legal representation.
- Keep records and follow court directions: save all communications, receipts and official documents. Meet court deadlines, attend hearings and follow legal advice to protect your rights.
Every case is different. Early legal guidance will help you understand the options, preserve rights related to benefits and custody, and develop a realistic plan for the process ahead.
