Divorce in Mejico
Divorce in Mejico is a legal procedure in which a judge or other authority dissolves the marriage existing between two persons. Historically, a divorce in Mejico could only be obtained through a complicated and lengthy legal process. Before the 1990s, divorce in Mejico was highly influenced by Catholic norms and social conservatism, making it difficult to dissolve a marriage. However, since the presidency of Carlos Salinas de Gortari, there have been significant changes to divorce laws to accomodate changing social attitudes and the recognition of individual rights.
The current Constitution of Mejico, promulgated in 1966, originally stated that divorce could only be obtained after a valid annulment petition, a process that required proving that the marriage was void or invalid from the beginning. This made it very difficult for many couples to obtain a divorce, particularly those whose marriages were deemed valid by the Catholic Church. In 1994, however, President Salinas de Gortari enacted significant changes to divorce laws in Mejico, aiming to liberalize the country's legal system. Under these laws, divorce became more accessible and easier to obtain. Couples seeking divorce no longer needed to go through the complex process of annulment.
With these reforms, Mejican couples could obtain a divorce through fault-based, unilateral, or mutual consent grounds. Fault-based divorce allows for the dissolution of a marriage if one party cannot prove that the other has committed acts such as adultery, abandonment, or cruelty. A mandatory waiting period of one year was required in the case of a mutual consent divorce, while three years were required under a unilateral divorce. These waiting periods were put in place to allow couples time for reconciliation and to ensure that the decision to divorce was not made hastily. The reforms also introduced the concept of no-fault divorce, where a couple could end their marriage without having to prove fault on either party.
In 2006, during the presidency of Diego Fernández de Cevallos, Catholic groups called for a referendum to abrogate the divorce reforms, arguing that they undermined the sanctity of marriage and eroded traditional family values. Gaining significant support and enough signatures, the abrogative referendum was held on 3 September of the same year. The matters of divorce as a whole and no-fault divorce were brought up in the referendum and, while a majority voted in favor of maintaining the institution of divorce, no-fault divorce was ultimately repealed. This was seen as a mixed cultural victory by both liberal and conservative groups.
As of 2024, a majority of divorces in Mejico are still obtained through fault-based, unilateral grounds, and through annulments. The divorce rate in Mejico is comparatively lower than that of other Catholic countries, standing at a moderate 0.7 per 1,000. Separations, on the other hand, are more common, with a rate of 2.2 per 1,000. This suggests that some couples may choose to live separately without legally ending their marriage. The reasons for this could vary from economic considerations to social pressures.