Divorce in Los Cabos
What is divorce?
Divorce is a legally and emotionally complex process that dissolves the marital bond between two people. Although it can be a painful decision, it is often necessary to end a relationship that is no longer healthy or satisfying. Here we explore some key aspects of divorce:
Legal Process: Divorce involves a series of legal steps, including filing documents, dividing assets and liabilities, determining child custody and support, and resolving disputes.
Child Custody: Child custody can be one of the most emotional and contested aspects of divorce. Courts look to the welfare of the children when making custody decisions.
Division of Assets and Debts: The division of assets and liabilities can be complicated. Courts look for a fair, not necessarily equal, distribution of marital property.
Support and Maintenance: In some cases, one party may receive spousal support during and after the divorce, especially if there is a disparity in income.
According to the law, divorce may be requested by one or both parties after certain periods of time have elapsed since the celebration of the marriage. The main grounds are:
Divorce by mutual consent
Both spouses request the divorce by mutual consent. It is processed before a notary or judge presenting the petition and agreement on custody, alimony and assets. The judge decrees it without further proceedings.
Divorce due to separation for more than one year
The cessation of marital cohabitation must be proven by witnesses and documents. Once proven, the judge analyzes the family situation and decrees the divorce.
Divorce for Adultery
It requires presenting strong evidence of infidelity such as photographs, videos, messages. The judge evaluates the evidence and if the adultery is proven, he/she decrees the divorce.
Divorce due to domestic violence
Complaints, medical certificates, eyewitnesses and other evidence of physical, verbal or psychological violence must be presented. The judge evaluates them and, if proven, decrees the divorce.
Divorce for refusal of support
A spouse’s deliberate and consistent lack of financial support for the household must be documented. The judge analyzes evidence such as bank statements and decides on the divorce.
Divorce by agreement
before a notary public
If there are no minor or incapable children and there is already an agreement on the distribution of assets, it is done by public deed without a trial.
Divorce Certificate – Divorce Papers
The divorce certificate is a legal document confirming the dissolution of a marriage. This document is issued by the competent judicial authorities once the divorce process has been finalized and the corresponding sentence has been issued.
The divorce certificate is of great importance, as it officially certifies that two people who were married have legally ceased to be married. This document may be necessary for a variety of purposes, such as changing marital status on personal documents, legal or financial arrangements, and in cases involving child custody, alimony or other matters related to the dissolution of marriage.
The contents of the divorce certificate usually include relevant information such as the full names of the spouses, the date the divorce decree was issued, the court docket number and the jurisdiction that issued the decree. All this information guarantees the authenticity of the document and its legal validity.
Our family law attorneys understand that every divorce is unique, with its own set of circumstances and challenges. We work closely with our clients to understand their personal needs and goals, ensuring that their rights are protected and their interests are fairly represented.
Legal effects of divorce
When the divorce is decreed, a series of legal effects are produced:
- Dissolution of the marriage bond.
- Partition of the common property.
- Dissolution of the conjugal society.
- Determination of the custody, guardianship and parental authority of the children.
- Establishment of alimony for children and spouse.
- Extinction of the inheritance right between spouses.
- Loss of the right to alimony.
- Possibility of remarriage or cohabitation.
Divorce recommendations
- To get legal advice about rights, obligations and possible agreements.
- To attend psychological and family therapy to cope with the process.
- Avoid costly disputes and concentrate on reaching a fair agreement.
- Think about the welfare of the children and their economic and emotional stability.
- Be prudent and reserve your situation in front of family, friends and work.
- Take care of your physical and emotional health to adapt to changes.
- Lean on close family members who provide comfort and security.
- Maintain social, work and recreational activities that generate satisfaction.
Divorce should not be seen as a failure, but as an opportunity to begin a new stage of a full and harmonious life. Adequate legal and emotional counseling will allow to assume it in the best way.
Lawyers in los Cabos
Our divorce attorneys offer initial advice that addresses their concerns and questions, and helps them understand their legal options. This allows them to make informed decisions about how to proceed.
Attorneys in contested divorce proceedings: When the parties cannot agree, attorneys represent their clients in a contested divorce, defending their interests in court and negotiating on their behalf.
Child Custody: Child custody can be one of the most sensitive aspects of divorce. Our attorneys work to protect the best interests of the children and help parents reach agreements or present arguments in court.
Division of Assets and Liabilities: Attorneys advise on the fair division of marital assets and debts, which may include property, bank accounts, pensions and more.
Modifications and Enforcement: If circumstances change after the divorce, attorneys can help request modifications to divorce agreements. They can also take legal action if one party does not comply with the terms of the agreement.
Alternative Dispute Resolution: Our attorneys can explore alternative dispute resolution options to litigation, such as mediation or collaboration, to facilitate a less adversarial process.
Child Custody
Child custody can be one of the most sensitive aspects of divorce. Solve your doubts about the divorce process and the future of your children.
Legal Services
We offer legal services in family law, criminal law, civil law, foreign law and other areas of law in which we can help you with professional and personalized advice.
Law In Cabo
Lawyers in Cabo, we can help you in different situations in family law, criminal law, immigration law and more. Contact us now!
Visit our website: