An administrative divorce is a divorce that can be declared by an authority other than a Judge.
Family matters are regulated differently in each state. In Jalisco, last May 6, a reform to the Civil Code was published that allows for an “administrative divorce” (before the Institute of Alternative Justice), in any case where there is mutual consent.
Before the reform, there could only be an administrative divorce if, in addition to the mutual consent, there were no minor children or marital partnership (among other requirements).
With the aforementioned reform, it is possible to request the dissolution of the marriage if there is consent of both spouses, and the agreement contemplated by law is presented. In which matters related to the money and minors must be agreed upon. Who is going to give money for alimony, or if both are going to give it, and in what percentages. Who will have custody of the children, or if both will have custody; and how the parent with whom the children do not live will share time with them.
You know, those agreements that are so easy to define.
If there is no agreement regarding these issues of minor children and money, the administrative divorce will not be possible. Despite the lack of agreement on these points, if one of the spouses (or both) wants the dissolution of the marriage, it is possible. But it must be by means of a trial that of course will have to be substantiated before a Judge.
