Legal Separation in Mexico

Various regulations exist to govern the process by which legally or common-law married couples choose to break up their unions. In Mexico, a legal separation is called a "divorcio limitado," and it is entered into by two parties that agree to certain terms.

Requirements

• To be legally separated in Mexico, you must have lived there for six months or more. Your spouse must contact a lawyer with experience in handling divorce proceedings; from this point, it may take several months for the law to validate the separation.

Financial Support

• Mexican law requires that child support payments be made until the offspring reaches 18 years of age. The judge will also determine, based on income, how much alimony is due to each party. In Mexico, both spouses are entitled to potentially receive alimony, and the amount can be appealed once an initial decision is made.

Misconceptions

• Contrary to popular belief about quickie divorces, regulations are actually enforced to ensure that one or both spouses are legitimate residents, and reputable Mexican lawyers stick to the letter of the law. Less-than-legal separations obtained in Mexico are not valid upon return to the U.S., so it is always better to take proper legal precautions than to be caught by surprise.