Plenty of Americans, Canadians and Europeans settle in Mexico City or Mérida, and some of them marry here or arrive already married. When the marriage ends, the same questions come up almost every time. Can we get divorced here if we married back home? Does my spouse have to agree? What happens with the kids, and with the house we bought? Here is how divorce in Mexico for foreigners works in practice, in Mexico City and in Yucatán, without the legalese.
You don’t need a reason
Both Mexico City and Yucatán allow no-fault divorce. Either spouse can ask for it without giving a cause. In Spanish it’s called divorcio incausado, or divorcio sin expresión de causa. You don’t have to prove adultery or abandonment, and your spouse’s consent isn’t needed for the divorce itself to be granted. People who have been through long contested divorces elsewhere are often surprised by that.
What the court does want is a proposed settlement agreement (propuesta de convenio) setting out how things will work afterwards. If your spouse signs on, the case usually moves along without much friction. If not, the judge can still end the marriage and deal with the disputed points separately.
Can you skip court altogether?
Sometimes. As a general rule, if you both want the divorce, have no minor or dependent children, and have already sorted out your property, you may be able to file an administrative divorce at the Civil Registry. Requirements differ from state to state, and foreign spouses are sometimes asked for extra paperwork, so confirm the list before you go.
What goes into the settlement agreement
This is the document you’ll actually live with. It usually covers custody (where the children live and who makes the big decisions), visitation (time with the other parent, including holidays and school breaks), child and spousal support (pensión alimenticia), who stays in the family home, and how property is divided.
Property division turns on your marital regime. With community property (sociedad conyugal), what you acquired during the marriage is generally shared. With separation of property (separación de bienes), each of you generally keeps what’s in your own name. If you married abroad, the regime you chose, or the default one where you married, can matter a lot. Look at it early, especially if there’s a house in Mexico involved.
Support is broader than people expect
Under Mexican law, support covers food, but also housing, clothing, medical care, schooling and recreation. There’s no fixed formula. The amount depends on what the person receiving it needs and what the person paying can afford. Child support doesn’t end with the divorce, and it can be revisited if circumstances change significantly, say after a new job or a move to another city.
Issues that come up for foreigners
You married abroad. That’s usually not a problem. A foreign marriage can generally be dissolved in Mexico as long as the court has jurisdiction, which mostly depends on where the spouses live.
One of you has already left. Your immigration status and where each of you actually lives can affect where you should file. If your spouse has moved back to the U.S. or Canada, think this through before starting anything.
Paperwork. Foreign marriage and birth certificates normally need an apostille and an official Spanish translation before a Mexican court or registry will accept them. Ordering them now, rather than once the case is underway, saves weeks.
Kids with two passports. If your children hold more than one nationality, the agreement should spell out the rules on international travel, passports and any future relocation. It’s much easier to agree on this now than to fight about it later.
If Spanish isn’t your first language, an English-speaking divorce lawyer in Mexico City or an English-speaking lawyer in Mérida can go through each document with you before you sign it, so nothing gets lost in translation.
Working with us
Grupo ASA has offices in Mexico City and Mérida, and we handle divorces for foreign and mixed-nationality couples in English or Spanish. If you’re looking for a bilingual lawyer in Mexico, you can read more about our family and estate law practice or our office in Mérida. And if the divorce involves a home you bought here, our guide for foreigners buying property in Mérida explains how that ownership is usually structured.
This article provides general information about divorce in Mexico City and Yucatán as of October 2026. It is not legal advice for any specific situation. Every family’s circumstances are different and the rules may change, so please consult a qualified professional before making decisions.