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ELENAFLORES& ABOGADAS

Your spouse won't sign. Can you still get divorced in Nuevo León?

A no-fault divorce (divorcio incausado) is filed by one spouse alone. The other spouse does not have to agree or sign anything — but they do have to be formally notified.

Does this sound like you?

Si te suena alguna de estas, sí.

  • I want a divorce and my husband refuses to sign anything.
  • My wife says she will never give me the divorce.
  • We have been separated for years and he never filed anything in Mexico.
  • I don't know where my spouse lives anymore and I need to be legally divorced.
  • Every time I bring up the divorce, she puts conditions on signing.
  • Somebody told me I need a legal reason or grounds to divorce in Mexico and I don't think I have one.
  • I live in Texas and my spouse is in Mexico. I can't be flying down for hearings.
  • I want to remarry and I need this closed properly, not just abandoned.

What this covers

  • A one-hour consultation to review your case and tell you honestly whether a no-fault divorce in Nuevo León is your best route — or whether you are better off filing where you live in the U.S.
  • Drafting and filing the no-fault divorce petition with the Family Court in Monterrey.
  • Drafting the proposed settlement terms, where you set out how you want children, support, and property handled.
  • Handling service on the other spouse — the official notice the court gives them.
  • Following the file and telling you every time the court moves, in your time zone.
  • Preparing you for the hearing and being with you during it. The hearing is held by videoconference.
  • Obtaining the divorce decree.

Lo que recibes

  • No-fault divorce petition filed with the Family Court.
  • Proposed settlement terms.
  • Proof of service on the other spouse.
  • Divorce decree.

How it works

  1. First consultation

  2. Preparing the petition

  3. Filing with the Family Court

  4. Service on the other spouse

  5. Hearing by videoconference

  6. Divorce decree

  7. Resuelto

  1. Paso 01

    First consultation

    One hour with you, on Zoom. We look at your situation and explain the difference between a mutual consent divorce and a no-fault divorce so you choose with real information — including the honest answer about whether you should be filing in your U.S. state instead.

  2. Paso 02

    Preparing the petition

    We assemble your file with your ID, CURP, and marriage certificate, and draft the petition together with the proposed settlement terms.

  3. Paso 03

    Filing with the Family Court

    We file the petition. Your spouse's signature and consent are not required. It is called incausado — without cause — because no grounds have to be stated or proven.

  4. Paso 04

    Service on the other spouse

    The court formally notifies your spouse that the case exists. They do not have to sign, but they do have to be served. This is usually the step that takes the longest, especially when the other spouse is hard to locate or lives abroad.

  5. Paso 05

    Hearing by videoconference

    The hearing is held by videoconference. We prepare you beforehand so you know what to expect and we are with you during the session. You do not have to fly to Monterrey for it.

  6. Paso 06

    Divorce decree

    The judge issues the decree. If children, support, or property were left open, those are resolved in the same case or in a separate one, and we tell you which applies to you.

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: Mexican INE.
  • CURP.
  • Your Mexican marriage certificate.
  • Information to locate your spouse. Even though they do not have to sign, they do have to be served.
  • Birth certificates for the children, if you have any.
  • Documents for marital property, if you are going to propose how it gets divided.
  • If you are in the United States, a power of attorney so we can act for you. You can sign one at a Mexican consulate near you, or have it drafted, notarized, apostilled, and translated where you live.

Incausado means without cause. You no longer have to prove abandonment, violence, or infidelity to end a marriage in Nuevo León. One spouse asking is enough. Your spouse does not have to sign the petition and cannot refuse consent — but the court does have to notify them, and that notice is not optional.

For someone living in the United States, two facts usually decide this: the hearing is held by videoconference, and an attorney can act for you under a power of attorney signed at a Mexican consulate near you. The part that takes time is serving the other spouse, so the more you can tell us about where they are, the more realistic our estimate will be.

We will also tell you when the honest answer is that you should file in your own state instead. Family law in Mexico is state law, and everything here 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.

Can I divorce my spouse who lives in Mexico?

Often yes, on either side of the border. In Nuevo León a no-fault divorce is filed by one spouse alone and does not need the other's consent, only proper service. You may also be able to file where you live in the U.S. We look at both routes in the consultation before you spend money on the wrong one.

What does divorcio incausado mean in English?

No-fault divorce. It used to be that you had to prove grounds — abandonment, violence, infidelity. Not anymore. One spouse stating that they no longer want to be married is enough, with no explanation and nothing to prove. The unusual part for a U.S. reader is that one spouse can do it alone.

Can my spouse block the divorce?

They cannot oppose the divorce itself, because their consent is not required. What they can contest are the surrounding issues: the children, support, and property. Those are what stretch a case out, not the divorce.

Do I have to attend a hearing in Monterrey?

No. The hearing in a no-fault divorce is held by videoconference, and we prepare you beforehand and stay with you during the session. For the rest of the case an attorney can act for you under a power of attorney signed at a Mexican consulate in the U.S.

I don't know where my spouse lives. Can it still be done?

We see this often and there are routes, but it gets slower and more complicated, because service is mandatory and cannot be skipped. Tell us what information you do have about that person and in the consultation we tell you what can realistically be filed.

How long does a no-fault divorce take in Mexico?

We do not quote a fixed timeline, because it turns on something we do not control: how quickly the other spouse can be served, and the court's caseload. Service on someone living abroad or out of contact is the usual delay. In your consultation we give you a realistic estimate for your facts.

Will a Mexican no-fault divorce be recognized in the United States?

Recognition of a foreign divorce is decided by each U.S. state under the doctrine of comity, and generally turns on jurisdiction, proper notice to both spouses, and public policy. That is exactly why we document service and the final decree carefully. Confirm the effect in your state with an attorney licensed there.

How do papers get served on someone who lives in Mexico?

The court handles service through its own officers, and where the spouse is outside Nuevo León it goes through the corresponding court or through international channels. Service is the step that most often decides how long the case runs, so we start gathering address information from day one.

Is there a minimum time we have to have been married?

Nuevo León regulates no-fault divorce in Articles 404 and 405 of its Civil Code, and reported practice requires the marriage to have lasted at least one year. We confirm the current requirement against the code text for your specific dates before filing, rather than having you rely on a number from a website.

Is a no-fault or a mutual consent divorce better for me?

If both of you agree and will sign, mutual consent is usually faster and cheaper — it usually runs about 3 to 4 months. No-fault is the route when only one spouse wants out, or when the other keeps attaching conditions to signing.

How much does a no-fault divorce cost in Monterrey?

There is no single published price, because it changes a lot depending on whether children, property, or support are involved. What is fixed is the consultation: $50 USD for one hour on Zoom, before taxes. In that hour we review your case and quote the case itself.

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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