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ELENAFLORES& ABOGADAS

You both want the divorce. Do you have to fly back to Monterrey to get it?

When you and your spouse agree, a mutual consent divorce in Nuevo León runs on a settlement agreement the two of you write and a family judge approves — and in most cases an attorney can appear for you under a power of attorney.

Does this sound like you?

Si te suena alguna de estas, sí.

  • We got married in Mexico, we both live in the U.S. now, and we both want this over with.
  • My spouse and I already agreed on everything. We just need someone to put it into legal form in Mexico.
  • I want to remarry and I need to be actually divorced, not just separated.
  • We have kids and we want it written down who they live with, how much support gets paid, and how parenting time works.
  • We bought a house in Monterrey together and we want to settle what happens to it before we sign anything.
  • We were married under community property (sociedad conyugal) and nobody has explained how that gets split.
  • I can't take a week off work to fly to Monterrey for a court date.
  • I need proof of a finished divorce for an immigration filing.

What this covers

  • A one-hour consultation, by video or at the office, to understand what you have already agreed on and what is still open.
  • Drafting the initial petition (demanda inicial) for a mutual consent divorce.
  • Drafting the settlement agreement (convenio) — the document where the two of you decide how everything ends up.
  • Up to 2 rounds of revisions of the settlement agreement with the other side, meaning your spouse or their attorney. A third round is quoted separately.
  • Pulling the civil registry certificates the court requires. That cost is already inside the price.
  • Case paperwork and parking during court errands, also included.
  • Filing with the Family Court in Monterrey and following the file through every stage.
  • Being with you on the day of the hearing.
  • Obtaining the divorce decree once the judge signs it.

Lo que recibes

  • Initial petition for a mutual consent divorce, filed with the Family Court.
  • Settlement agreement signed by both spouses.
  • Divorce decree.

How it works

  1. First consultation

  2. Retainer and file assembly

  3. Settlement agreement

  4. Signing and filing the initial petition

  5. The case moves through the court

  6. Hearing

  7. Divorce decree

  8. Resuelto

    About 3 to 4 months.

  1. Paso 01

    First consultation

    One hour on Zoom, to hear what you have already worked out and what is still open. The draft of the settlement agreement comes out of this conversation.

  2. Paso 02

    Retainer and file assembly

    A retainer starts the work. We collect your documents and request the civil registry certificates the court will ask for.

  3. Paso 03

    Settlement agreement

    We draft the agreement and send it to the other side. This is where you settle parental rights (patria potestad), physical custody, parenting time, child support, spousal support, and how marital property is divided. Two rounds of revisions with the other side are included.

  4. Paso 04

    Signing and filing the initial petition

    Once the agreement is closed, you both sign the initial petition and we file it with the Family Court. The second instalment is due here.

  5. Paso 05

    The case moves through the court

    The judge reviews the agreement to confirm it does not harm the children or either spouse. We follow the file and tell you every time something moves, in your time zone.

  6. Paso 06

    Hearing

    The hearing takes place and we are with you that day. The final instalment is due here.

  7. Paso 07

    Divorce decree

    The judge issues the decree (sentencia) and we deliver it to you. With that document you can then request your divorce certificate (acta de divorcio) from the civil registry, which is a separate filing.

What to bring

If you don't have all of it, don't worry — we work out how to get it during the consultation.

  • Valid government photo ID for both of you: Mexican INE or passport.
  • CURP for both of you.
  • Your Mexican marriage certificate.
  • Birth certificates for the children, if you have any.
  • Knowing which property regime you married under — community property (sociedad conyugal) or separate property (separación de bienes). It is printed on the marriage certificate.
  • Documents for any assets you want to divide in the settlement agreement: property deeds, vehicle invoices, contracts.
  • Both spouses have to agree to the divorce and sign the settlement agreement. If your spouse will not sign, the route is a no-fault divorce instead.
  • If you are in the United States and do not want to travel, a power of attorney. You can sign one at a Mexican consulate in the U.S. in person, or have it drafted, notarized, apostilled, and translated where you live. We tell you which fits your case.

A mutual consent divorce is the route when you and your spouse already talked it through and want the same thing. Nobody has to prove fault or blame anyone. You write a settlement agreement deciding how everything ends up, and a family judge reviews and approves it.

If you live in the United States, the part that matters most is this: Mexican courts do not require both spouses to stand in the courtroom. An attorney can act for you under a power of attorney signed at a Mexican consulate near you. We handle the Monterrey side and keep the record clean — proper filing, proper service, a documented decree — because a well-documented decree is what holds up when a U.S. institution later asks to see it.

Family law in Mexico is state law. Everything on this page describes Nuevo León. This is general information about our services, not legal advice, and reading it does not create an attorney-client relationship.

Ofrecer acompañamiento a nuestros Amigos y Clientes, brindando un servicio personalizado, manteniendo como premisa la cercanía y el trato humano.

Common questions

Lo que más nos preguntan.

¿Falta la tuya? Escríbenos y te contestamos sin compromiso.

Do I have to travel to Mexico to get divorced?

In most cases, no. Mexican courts do not require both spouses to appear in person; an attorney can act for you under a power of attorney. You can sign that power at a Mexican consulate in the United States, or have it drafted, notarized, apostilled, and translated where you live. Requirements vary by Mexican state.

How much does a divorce cost in Mexico?

We quote it in writing after the consultation, and not before — the cost moves with whether there are children, whether there is property to divide, and which municipality holds the marriage record. Quoting you blind would be guessing. The quote already includes civil registry certificates, paperwork and parking; court filing fees are separate and we tell you what they are. It is paid in instalments across the case.

Are divorces in Mexico valid in the USA?

Recognition of a foreign divorce in the United States is decided by each state under the doctrine of comity, and generally turns on jurisdiction, proper notice to both spouses, and public policy. Texas courts have routinely recognized Mexican decrees, but recognition is discretionary, not automatic. Confirm with an attorney licensed in your state.

Do I have to get a divorce in Mexico if I married there but live in the USA?

Often you do not. U.S. states generally let you divorce where you live regardless of where you married — Texas, for example, asks for six months in the state and 90 days in the county. Divorcing in Mexico makes sense when the assets, the children, or the records are there. Ask an attorney in your state first.

What is the difference between an administrative divorce, a mutual consent divorce, and a no-fault divorce?

An administrative divorce happens at the civil registry and is only open when both agree, there are no minor children, and property is settled. A mutual consent divorce goes before a family judge and is what you need when there are children or assets. A no-fault divorce is filed by one spouse alone, without the other's consent.

How long does a mutual consent divorce take in Nuevo León?

About 3 to 4 months. The timeline depends heavily on how fast the two of you close the settlement agreement and on the court's caseload, so we treat it as an estimate and not a promise. We tell you which stage your file is in at every step.

Is my Mexican marriage valid in the United States?

Yes. A marriage properly performed in Mexico and recorded by a Mexican civil registry is generally treated as valid in the United States. That is also why it usually has to be formally dissolved rather than ignored, even if you never registered it with any U.S. agency.

What actually goes in the settlement agreement?

Parental rights (patria potestad), physical custody, parenting time, child support, spousal support, and how the marital property is divided. It is the heart of a mutual consent divorce: whatever the two of you decide there is what the judge reviews and approves.

What if we cannot agree on the settlement agreement?

Two rounds of revisions with the other side are included. Additional rounds are quoted separately. If there is genuinely no agreement, we talk it through with you — switching to a no-fault divorce, which one spouse files alone, may be the better route.

Does the quote include taxes?

No. Everything we quote is before tax, and the written quote states the tax separately so there are no surprises.

The judge signed my decree. Am I done?

The decree is what dissolves the marriage, yes. But most institutions — banks, employers, the civil registry if you remarry, and immigration filings — ask for the divorce certificate (acta de divorcio), which is a different document issued afterward by the civil registry. That is a separate filing with its own cost.

Where we are

Our office
in Monterrey.

Address
Calle José Calderón #640
Col. Chepevera, Monterrey, N.L.
Near the corner of Av. Fleteros and Prolongación Arramberri
Hours
Lunes a viernes, 9:00 a 21:00

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