Argentina Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Argentina.5 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
No-fault (since 2015 Civil Code reform)
Waiting Period
None
Average Cost
ARS varies widely
Property System
Comunidad de ganancias (community of gains) default or separation of property by prenup
Residency
Domicile in Argentina
Divorce Law in Argentina: Overview
Argentina's 2015 Civil and Commercial Code (Código Civil y Comercial) completely eliminated fault-based divorce, making it one of the most liberal systems in the Americas. Either spouse can file unilaterally with no waiting period and no grounds. The Code introduced a mandatory 'proposal for regulation' that must be filed with the divorce petition, covering property, custody, and support — but disagreement on these issues cannot prevent the divorce itself from being granted. Argentina follows community of gains (comunidad de ganancias) by default, though couples can opt for separation of property by prenuptial agreement.
Key Legislation
Código Civil y Comercial (2015) Articles 435-445
Modern divorce provisions: no fault, no waiting period.
Article 438
Propuesta reguladora: mandatory plan for consequences of divorce.
Articles 463-508
Property regimes: community of gains (default) or separation of property.
Grounds for Divorce
- ●No grounds needed — unconditional right to divorce
- ●Either spouse can file unilaterally
- ●No separation period required
- ●Court cannot refuse to grant divorce under any circumstances
How to Divorce in Argentina: Step-by-Step
File petition
At the local family court with propuesta reguladora (consequences proposal).
Propuesta reguladora
Must propose arrangements for property, children, and support. Both spouses submit proposals.
Mediation
Required for disagreements on consequences (but divorce itself is automatic).
Divorce decree
Granted regardless of whether consequences are resolved.
Recent Legal Reforms
New Civil Code eliminated fault-based divorce entirely. Unconditional right to divorce.
Introduced choice of property regime (community or separation) by prenup.
What Makes Argentina Divorce Unique
- →Absolute unconditional right to divorce — court cannot refuse
- →Fault-based divorce completely eliminated (not just optional — removed from law)
- →Divorce itself is separate from resolving its consequences — divorce is granted even while disputes continue
- →Choice of property regime available since 2015
Argentina Divorce Statistics
~35% of marriages
Divorce rate
2-6 months (uncontested), 1-2 years (disputed consequences)
Average duration
Argentina Divorce Guides
Argentina Property Division
How assets and debts are divided
Argentina Spousal Support
Maintenance and alimony
Argentina Child Custody
Custody and parenting arrangements
Argentina Divorce Process & Timeline
Steps and how long it takes
Argentina Divorce Costs
Fees, costs, and legal aid
Every situation is different
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Legal Disclaimer: This article covers Argentina divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Argentina for advice specific to your situation.