Divorce in Argentina from abroad

Good news! You don´t need to travel to get divorced because a power of attorney is granted to the lawyer who will handle your case in Argentina in order to act in your behalf during the proceeding. This will allow to your attorney to submit documentation and undertake the steps required without the need for your presence.

The first step is to determine if argentine courts have jurisdiction to carry out the divorce, second step is to obtein required documentation , third step is to bring the litigation and  fourth step culminates with a judgement of divorce in Argentina.

But let´s see everything in detail for better clarity:

Information on the internet is not always clear and although we will despell all your doubts, we recommend that you write to us through our contact form or whastapp  to receive customized information tailored to your case. Having said this, let´s begin…

First, we have to determine whether Argentina has jurisdiction to carry out your divorce. For an argentinian court to have authority to deal with this, it is required to:

• Last conjugal home, this means where both have lived togheter in Argentina or 
• One of both spouses resides in Argentina.

If, due to different circumstances, both spouses reside abroad , in order to proceed with the divorce, the last place where they lived togheter must be Argentina.

This last applies both to divorces by mutual consent and to divorces in which one of the spouses does not give his or her consent.

What are the requirements to get divorce in Argentina from the outside?

• Identity card´s photocopy or update passport (can also be scanned).

• Original marriage certificate and/or family record book.

Thus an important question arises, what happens if i don’t have a marriage certificate?

Don´t worry!  Our management team from Argentine Procedures at Distance will request it for you to the corresponding civil registry.

Once these documents have been submitted and fulfilled all the requirements, argentine court would review the case and grant a divorce decree. Based on the complexity of the case and tribunal´s workload, this process may take up to several months.

Once the process has been committed, contradictory or mutually agreed, the Court´s judgement will be issued and its testimony will be inscribed by our lawyer´s team in the appropriate civil registry in order to end with the process.

As mentioned above, the proceedings will end with the divorce decree and the participants will be given a testimonial, but what does this mean?

Testimony is a verbatim copy of the judgement which contains the seal of the court and the signature of the acting judge. This public document serves as proof of a person’s new civil status in the same way that the marriage certificate was at the time

The answer is affirmative, however must be apostilled in order to be internationally valid. This is a simple procedure that can be carried out in three ways:

• By logging into the platform TAD from The Argentinian Chancellorship with a delay of 30-60 days.
• at the consulate nearest to where you live.
• Or through our Express Apostille service within 24-48 hours.

We are not lying when we say that we accompany you from the beginning to the end of the process so that you don’t have to worry about anything.

For your convenience, we will send it to you by post to the address you indicate to us, wherever you are! Spain, Ireland, Australia, Israel, Mexico, Portugal and anywhere in the world.

This doubt often postpones the initiation of divorce proceedings because there is a false belief that is more expensive than it is, however, the cost is no different than if you were in Argentina. Should only be considered as expenditure:

Signatures Certificate (is carried out at the consulate nearest to your place of residence), apostille or legalization of testimony and its mail delivery.

It is important to highlight that get a divorce in Argentina from Spain, for example, or anywhere in the world, the delay is exactly the same as if both spouses were physically   present in the country.

It is always essential to take into account that the duration of the process in Argentina will depend on whether it is carried out jointly or unilaterally.

In case your spouse does not agree with the divorce, contentious divorce legal proceedings can be initiated. In this case, it will be necessary to give legal notice to your ex-partner about the request for divorce according to Argentinian law.

We will guide you on how to proceed in this situation.

If both spouses reside in the country of origin and have minor children, custody and visiting arrangements will be agreed in accordance with Argentine laws and regulations. The court shall make decisions that seek the welfare of the children and ensure their care and well-being.