Mexico Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Mexico.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
Mutual consent, unilateral (incausado), or fault
Waiting Period
Varies by state — often none for unilateral
Average Cost
MXN 5,000–100,000+
Property System
Sociedad conyugal (community property) or separación de bienes (separation of property)
Residency
Residence in the state where filing
Divorce Law in Mexico: Overview
Mexico revolutionized Latin American divorce law when Mexico City introduced 'divorcio incausado' (no-cause divorce) in 2008 — either spouse can end the marriage unilaterally without stating any reason. This reform has spread to most of Mexico's 32 states, and in 2019 the Supreme Court ruled that requiring divorce grounds is unconstitutional. Mexico's property rules depend on what was chosen at marriage: sociedad conyugal (community property) or separación de bienes (separate property) — this choice is stated on the marriage certificate. The system has dramatically increased women's ability to leave unhappy marriages.
Key Legislation
Código Civil (varies by state)
Each of 32 states has its own civil code governing family law.
Mexico City: divorcio incausado (2008)
Pioneered no-cause unilateral divorce.
Supreme Court ruling (2019)
Declared requiring specific divorce grounds unconstitutional.
Grounds for Divorce
- ●Divorcio incausado: no grounds needed — either spouse can file (most states)
- ●Mutual consent: both agree on all terms
- ●Traditional fault grounds still exist in some states (adultery, cruelty, abandonment)
How to Divorce in Mexico: Step-by-Step
Choose type
Incausado (unilateral), mutual consent, or fault-based.
Mutual consent at notary
If no children and both agree, can be done at a notary office without court.
File petition (judicial)
At the local family court (Juzgado de lo Familiar).
Mediation
Many states require or encourage mediation before trial.
Provisional measures
Court may set temporary custody, support, and property orders.
Sentencia de divorcio
Judge issues divorce decree.
Recent Legal Reforms
Supreme Court ruled divorce grounds requirements unconstitutional.
Mexico City pioneered divorcio incausado — no reason needed.
Most states adopted no-cause divorce.
What Makes Mexico Divorce Unique
- →Property regime chosen at marriage (stated on marriage certificate) — cannot be changed
- →32 different family codes — rules vary significantly by state
- →Express divorce reform spread from Mexico City to most states
- →Mutual consent divorce at notary office possible in many states (no court needed)
Mexico Divorce Statistics
~35% of marriages (rising sharply since 2008)
Divorce rate
Women (majority since express divorce reform)
Who files more
MXN $5,000-15,000
Average cost (mutual)
Available in most states for childless, consensual divorces
Notary divorce
Mexico Divorce Guides
Mexico Property Division
How assets and debts are divided
Mexico Spousal Support
Maintenance and alimony
Mexico Child Custody
Custody and parenting arrangements
Mexico Divorce Process & Timeline
Steps and how long it takes
Mexico Divorce Costs
Fees, costs, and legal aid
Mexico Child Support
Financial support for children
Mexico Uncontested Divorce
When both spouses agree
Mexico Divorce Mediation
Alternative dispute resolution
Mexico Divorce & Taxes
Tax implications of divorce
Mexico Domestic Violence & Divorce
Safety and legal protections
Every situation is different
Our AI advisor can help you understand divorce in Mexico. Tell us about your situation for personalized guidance.
Talk to AI Advisor →¿Te fue útil? Ayúdanos a mantenerlo gratis.
divorce911.ai se financia completamente con donaciones. Cada dólar mantiene al asistente IA y las 1,700+ guías gratis para personas en crisis.
Know someone going through a divorce? This could help them.
Legal Disclaimer: This article covers Mexico 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 Mexico for advice specific to your situation.