About Lic.Carvalho Expertise My areas of expertise are Family and Migratory for Mexico, and the UCC - corporate;
Have published 8 articles in different international magazines, and have several years of experience assisting the Mexican community outside Mexico on the Mexican Law and its Legal System; Mexican Lawyer with Masters in Law from Universidad Ibero Americana; International Consultant on Mexican Law and its international interactions.
Experience 5 years of experience and expertise in inmigration law, civil code and familiar related cases.
Organizations ISM, OAB
Education/Credentials Bachelors in International Business and Law, Masters in Law
Expert: Lic.Carvalho Date: 7/4/2008 Subject: divorce a mexican marriage from the us?
Question hi. i am so happy to find you online. thank you for your help.
so, my friend is married to a woman in mexico. they are wanting to get a divorce, (he is a US citizen) and he is there for a short visit and was told that to get a divorce they need to go to 2 hearings over a 6 month span. that is simply inaccessible to him, since he lives in the US and can't stay there for 6 months. they both want the divorce, so it's consentual/cooperative. Can he file for divorce in CA and have her sign papers and bypass any hearing needs? thanks for your help, he wants to remarry in the US and wants to have the old/mexican marriage over before he can. happy national holiday. i look forward to your reply. :)
-mg
Answer Marta dear, it was to expect that such a nice person like you would be brazilian. I am proudly brazilian too, pode me escrever no meu email pessoal, querida: legislaturamex@gmail.com
Dear Marta,
Of course, it is my pleasure to help you.
Your friend's case is not so difficult as it looks, or as he has been told of.
He has actually two options, both without the need to reside in mexico not even for a week:
1)He can file for a divorce in the US, the decree will be issued in the US, and then it must be inscribed in mexico through a process call JUICIO DE HOMOLOGACION DE SENTENCIA EXTRANJERA. This is receiving a foreing decree and registering it in Mexico. Once it is registered, the proper notifications will be made to the marriage certificate and he will be divorced in Mexico. If he choses this option, he will: a) need a lawyer in mexico in order to inscribe the foreign decree in mexico. b) be divorced and ready to remarry if he wishes, from the moment the decree is issued in the US.
2) The other option is to divorce through a power of attorney in Mexico. He must extend a power of attorney to a Mexican lawyer, for the sole purpose of getting divorced. If he did not have kids with his ex mexican wife, the divorce will be completed within about a month. This process is called: DIVORCIO ADMINISTRATIVO POR CARTA PODER.
Marta, I hope this answer was of value to you, and wish all the best in your case and in life. Best Regards, Lic. Carvalho
