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Mexico Divorce Mexico Divorces: A Mexico law was passed on March 7, 1971 which requires six (6) months residency. In addition, you must obatian a certificate from the Secretaria de Gobernacion stating that you have legal residence in Mexico and are entitled to start a divorce action. Companies offering 1 week, 2 week or similar quick Mexico divorces are providing divorces that may not be valid anywhere in the world. Even the Mexico Embassy warns of such fraudulent divorce services. On April 30, 2004, the Mexico Consulate's Office e-mailed Nevada Divorce as follows: Dear Nevada Divorce & Paralegal: A foreign citizen may not get divorce in Mexico, unless he is a resident of Mexico and has legal migratory status. Please consider the following: 1. According to Article 69 of the Mexican Population Act; no judicial or administrative authority will permit a divorce or marriage annulment to be initiated by an alien, unless he or she presents a Certificate issued by the Ministry of Interior. Said certificate must declare the alien's legal status in the country and that the alien's conditions and migratory status enable him/her to perform such an act. 2. The above-mentioned certificate to initiate divorce or annulment of marriage proceedings before a judicial or administrative authority, as referred in Article 69 or the above mentioned statute and 35 of the Nationality and Naturalization Act, will be subject to the following regulations: a)The alien must request the certificate in writing in the following situations from the Immigration authorities (Secretaria de Gobernación): b) In case of eminent divorce or annulment of marriage if the alien spouse is the plaintiff. In the case of voluntary or administrative divorce if both spouses are aliens. c) Regardless of the situation, the certificate will only be issued if the spousal domicile has been established within the Mexican territory and if the alien has immigrant status or non-imimigrant status as visitor, political asylum, student, distinguished visitor, or in an immigrant status. Said certificate will be valid for 90 days. 3. With respect to the domicile, Article 35 of the aforementioned Nationality and Naturalization Act prescribes that the acquisition, change, and loss of domicile by aliens will be regulated exclusively by the provisions of the Civil Code for the Federal District. This article estipulates that no judicial or administrative authority will initiate any divorce or annulment of marriage proceedings for aliens unless the above mentioned certificate is presented. 4. In regards to domicile, the Civil Code for the Federal District provisions are: Article 29.- Domicile of a person, in the place where said person resides, with the intent of establishing in it. Article 30.- It is considered that a person has the intent of establishing in a place when such person has resided in that place for more than six months.
We hope this information has been of assistance to you. |
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NOTICE:
We are not attorneys and are not permitted to give legal advice. NRS 7.285. It is our intent to assist clients in representing themselves in legal proceedings. |
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