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Expat Divorce in Mexico

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Expat couples move to Mexico mostly for retirement, a new job or to start a new business. But all move to Mexico expecting a slower pace of life, sunny weather and, of course, good Mexican food. Unfortunately, moving to another country can put a strain on a marriage and the outcome often is expat divorce in Mexico.

In the majority of cases I have seen, expat marriage breakdowns occur after the move, rather than before it. Once the family moves abroad and the realities of living in a foreign country become apparent, the marriage ends and many spouses, when they do not know to whom they can turn, are left stranded. Spouses who have devoted their lives to their families are left shocked and often destitute.

Expat cases have their own emotional, legal and financial flashpoints. When marriages and relationships disintegrate overseas, that dream of a wonderful lifestyle in Mexico is rudely shattered. Far away from friends and relatives, with no comprehension of local laws and a shaky grasp of the language, and with a desire for things to stay as they are in the face of fast moving change around them, what is to be done?

Here are some questions people ask me regarding Mexican Family Law issues covering expatriate cases, which have a tendency to cross more than one country.

  • Where should I file for divorce?
  • Do I meet the jurisdiction criteria in Mexico?
  • Which jurisdiction is advantageous to me?

In some cases, deciding where to divorce can have a significant influence on the divorce process and its outcome. Sometimes, divorce cases will incorporate aspects that may be subject to different international jurisdictional legislations, prompting questions such as:

  • What happens to our matrimonial property overseas?
  • Can my child be relocated without my consent?
  • Can a Mexican Court Order apply in another overseas court?
  • What happens to my immigration status?

Comparing jurisdictions in regards to your divorce, custody and support issues and even which court to apply under, all can have a big impact on the eventual outcome of the case, so be sure to seek the help of a qualified attorney in Mexico to help you through the process of divorce in Mexico.



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