what is the process of getting divorced if married in mexico

UPDATED: Oct 1, 2022

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what is the process of getting divorced if married in mexico

I was married in mexico to a Mexican citizen. in order for us to be divorced what would the process be. we do have a child together but I will not be requesting child support or needing to fight for custody. We will not be fighting over a house or car or anything else. Is there something we can both just sign in agreement or would this still have to go to court?

Asked on December 20, 2017 under Family Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Are you a resident of the State of Texas?  The United States recognizes marriages from other countries so long as they were valid in the country in which the parties wed.  Divorce, though, requires compliance with the laws in the state in which you reside.  It sounds as if you want to file an uncontested divorce. So for the state of Texas you would need to have lived in the state for 6 months prior to filing, in the county you are filing for 3 months prior to filing, and have agreed on all the issues.  There are certain mandatory requirements for child custody and support in each state so I would consider going to see an attorney about preparing a Stipluation of Settlement resolving those issues to the satisfaction of the courts. Good luck.

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