Litigious Divorce

Litigious Divorce

This type of divorce comes when one of the spouses disagrees with the divorce and/or there is no divorce agreement, so one or both parties go to the Family Court Judge to resolve the divorce and the conditions thereof.

It should be noted that even if one of the spouses does not want to divorce, that spouse cannot refuse, that spouse can only oppose the measures requested by the other party; This is because, according to the current Family Code Law 603, it indicates the origin of the divorce by the rupture of the project of life in common or by the will of one of the parties, that is to say, by the will of one of the parties to start the divorce, the project of living together has dissolved and divorce becomes viable.


1. The request for legal divorce may be filed by either spouse, either by himself/herself or through his/her attorneys-in-fact, duly conferred with special power.

2. The following documents are attached to the divorce petition: the marriage certificate, birth certificates of the children, copies of the spouses’ identification documents, original or legalized photocopy of the power of attorney in case of having a representative or proxy and a photocopy of the ID, and any other relevant documents. It is necessary to detail in the demand history all common property or goods, so that in execution of sentence the Family Public Judge can proceed to the division and partition thereof.

3. Once the request for divorce has been accepted by the judicial authority and the defendant is summoned with or without answer, the Family Public Judge will summon the parties to appear within a period of (3) months, in order to ratify the demand or to withdraw from it, subsequently fixing the day and time of the hearing for the attention of the process of divorce or termination of marriage.

4. In case of children, a hearing of provisional measures is first indicated, in which the amount of the family assistance and the regime of visits is fixed. Within this audience, a Conciliation can be established.

5. At the appointed date of the hearing for the treatment of divorce or termination of marriage, in case of persistent will of the plaintiffs for the separation or divorce, a judgment shall be rendered declaring the marriage bond or free union as dissolved.

6. If during the process, the spouses fail to establish a regulatory agreement, the Family Public Judge will determine the conditions and effects of divorce according to the provisions of the Family Code and Family Law Act 603; Especially in regard to the custody and protection of children, family assistance and the separation of property.

7. Our attorneys will assist you in each step of the process, giving you the option of not having to go to court and deal with the counterpart.


Approximately 4 months minimum.