1.
Residence requirements: Amendments to the Mexican Nationality and
Naturalization Law which took effect on March 7, 1971, require that an
alien be a legal resident of Mexico before he may apply for a Mexican
divorce. He must obtain a certificate from the Secretaria de
Gobernacion (Interior Department) stating that he has legal residence
in Mexico and is therefore entitled to institute divorce proceedings.
Becoming a legal resident (inmigrante) is a rather complicated,
time-consuming process. Application
for a resident visa must be made at the Mexican Consulate nearest to
the prospective immigrant's abode in the U.S. Numerous documents are
required, including proof of income (a minimum of $1500.00 per month
for a single person and $500.00 for each accompanying dependent is
required.) Work permits are extremely difficult to obtain in Mexico and
the inmigrante is not permitted to work without a permit until he
becomes an emigrado after five years. During the five-year period he
cannot be absent from Mexico more than twelve weeks of each year or he
loses his immigrant status. BECAUSE OF THESE RESTRICTIONS, FEW
NON-MEXICANS WILL FIND IT PRACTICAL TO ATTEMPT TO OBTAIN A MEXICAN
DIVORCE. 2.
Divorce laws vary somewhat from one state to another within the
Republic of Mexico, and there appears to be no Mexican Government
office in any of the states or the Federal District where one may
obtain printed information concerning the laws. The Embassy has no
compilation of such laws, and consular officers are prohibited from
acting as legal advisors or endeavoring to interpret laws of any
country. There are Mexican consular offices throughout the United
States. It is possible that those offices may have in their libraries
copies of the Civil Codes of the 30 States, one territory and the
Federal District, which contain divorce laws. However, these
publications are in the Spanish language and would have to be consulted
in the consular office. 3.
It is advisable, if not imperative, that the interested party consult a
reputable attorney in the State in Mexico where he intends to obtain
the divorce, who can provide detailed information regarding residence
and documentary requirements. The attorney could estimate the period of
time required for completion of proceedings from initiation until the
decree is granted, once the person has complied with provisions of the
laws of the state and the Federal Government. 4.
Over the years, there have been numerous instances of fraudulent
practice with respect to marriages and divorces in certain states of
Mexico. In these cases, the marriage has never recorded in any state
even though the lawyer or broker may have given his client a document
in the Spanish language purporting to be the actual marriage
certificate or divorce decree, or an English language "receipt"
purporting to represent registration of the document and/or his having
had the marriage or divorce effected by proxy in another state. Certain
Mexican Government officials within the Embassy's consular district
have informed this office that a marriage or divorce occurring in one
state cannot be legally registered within another state or the Federal
District and if purportedly so registered may be deemed fraudulent.
They have further stated that only documents which have been
authenticated by the Governor (Gobernador), the Secretary General of
Government of the State (Secretario General de Gobierno del Estado)
and/or by the Executive Director of Government (Oficial Mayor de
Gobierno) may be given credence. 5.
If a divorce is obtained in Mexico, the interested person should obtain
a certified copy of the decree and have it authenticated by appropriate
Mexican Government authorities such as those mentioned above. The
Mexican Government official's signature last appearing on the decree
should then be authenticated by an American consular officer for use of
the document in the United States. It is also desirable that the
document be translated by an official translator, who whould certify to
his translation before an American consular officer. The consular fees
for authentication and taking the oath of a translator are $55.00. 6.
There is no central records office for the whole of the Republic of
Mexico or within any one state or the Federal District where divorce
decrees are registered. Each court or civil registry maintains its own
records. Within the jurisdiction of the Federal District alone, there
are 18 civil courts and 26 civil registries. Therefore, should a copy
of the decree be needed at some future date, it would be necessary for
the person requesting a certified copy to provide information regarding
the name and location of the court in which the proceedings took place
and date of decree before a search of records would be made. 7.
The Embassy cannot provide information regarding costs of (a) the
divorce proceedings (b) recording (c) a certified copy of the decree
(d) authentication by Government officials (e) translation. Charges
vary among attorneys, custodians of records, authenticating officials
and translators. 8.
The Embassy cannot give advice regarding laws of the respective states
of the United States pertaining to recognition of divorce obtained
outside the state. It is desirable that the person consult an attorney
in his own state who may be familiar with international law, and who
could advise whether a divorce which is considered legal in Mexico
would be recognized in that state and/or elsewhere in the United States
- - and by the Federal Government should there at some time be a
question of federal benefits (i.e., Social Security, armed forces or
veteran's benefits) requiring production of personal records,
particularly if there should be a marriage by either party subsequent
to the divorce.
