Mexican Law/Divorce in Mexico City by Proxy
QUESTION: My boyfriend is a Mexican National. He has a legal residence in Mexico City. He is now living in the US and unable to travel to Mexico to obtain a Power of Attorney to get a divorce by proxy. Both he and his wife want a divorce. There are no minor children. They agree on how property will be distributed after the divorce.
Can he get a Power of Attorney if he is unable to travel to Mexico?
Is there any way for him to get a legal divorce if he is unable to travel to Mexico?
ANSWER: Dear Diane,
Your boyfriend can get a Poder Notarial (power of attorney) issued by any Mexican Consulate. It will cost about US$100.00. However, he needs to select a lawyer (or other person) in Mexico first so that the Consulate can put the person's name in the document.
As there are no children involved, and both parties want the divorce, it will be an "administrative divorce".
Because an administrative divorce is handled in the Registro Civil and not in a Juzgado (Court), it is not necessary that the person receiving the Poder Notarial be a lawyer.
Lic. John Lee Ward
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QUESTION: Thanks for your speedy and detailed answer!!
I am seeing in other posts on this site by other lawyer that no divorce in Mexico is possible without being present. He states that one must be present at the final proceedings (dated as late as October 2011).
I know they changed a lot of laws in the past few years. Is it now possible given the circumstances outlined for my boyfriends case? And, does it make a difference if they have children, but they are grown now (over 18)?
If there are no minor children, a simplified divorce administrative divorce is available which does not involve going to Court. One or both of the parties can be represented by others with the proper power of attorney. Administrative divorces are relatively new in Mexico, i.e. less than 10 years old.
If there are minor children involved, any divorce decree must be issued by a Judge even if both parties agree to the terms. For judicial divorces, it is aksi possible to be represented by somone with the proper power of attorney. It used to be true quite some time ago that a divorce proceeding was "personalisisimo" and required the presence of the husband and wife. That is no longer the case.
Be aware that just as in the US, divorce law is State law. So there can be differences between the different states in Mexico regarding the details of divorce. However, I know that in Mexico City, your boyfriend and his wife will be able to get an administrative divorce by proxy without any problem.