|
 |
| NEWSLETTERS |
| Newsletter |
| |
| Litigation and Dispute Resolution |
| |
 |
Administrative divorce before the Institute of Alternative Justice
March 01, 2018 |
|
| Administrative divorce before the Institute of Alternative Justice |
|
|
It is an actual reality that day by day the rate of divorces in
our country grows exponentially; situation that
was published by the National Institute of Statistics and Geography (INEGI in its spanish abbreviation), through
a range of polls. In which it stated that just in the year 2016, the rate grow up to 156% in contrast with the last 15 years.
Even though this situation affects all the population, the State cannot restrict the human right of “free development of personality” that all people have, allowing the decision of the contracting party to get a divorce in the most practical way, despite the fact that the Judicial Authorities are bound to abide to the criteria issued by our Supreme Court of Justice of the Nation, declaring in favor to the human right of free development of personality. However due through excessive load of work and lack of new tribunals, the dissolution of the marriages ties requested face a terrible delay in the dictation of the judicial resolutions.
This problematic can be solve in a quick, timely and inexpensive manner through the Institute of Alternative Justice; a support body of the Judicial Power, with autonomy of procedure and administration. Whose specialize in alternative means of justice, such as, mediation, consolidation and arbitrage, which enables the promotion of peaceful solutions of conflicts.
Therefore in an agreed upon manner, couples can process their administrative divorce in a couple of hours through the Institute of Alternative Justice without the need of a lawyer or any cost. Just by waiting a sum of days for the final resolution of the marriage dispute, they are able to avoid all the bureaucratic setbacks or delays of the tribunals.
The administrative divorce is regulated by the articles 405 Bis, 405 Ter of the Civil Code of the State of Jalisco and by articles 5 and 9 of the law of Alternative Justice of the State of Jalisco, couples in joint with the Institute of Alternative Justice can process it, as long as they fulfill the next requirements:
• Been married more than a year.
• Both have legal age.
• Not having a Good in common or had liquidated the legal society of a common agreement.
• Not having children, but if they have, the children must have legal age and be independent from the parents.
This mechanism granted by the State, is totally wasted by all people, due to lack of information provided by the State and by lawyers to their clients. In spite of us not been in favor of couples getting divorce, this mechanism presents a more practical and easy method in which all people can; without the need of a lawyer or spend a considerable amount of money, harness some of the tools granted by the State, to process in a prompt manner their divorce according to all the guidelines presented by the law.
|
|
|
|
|
| Diego Alonso Ramos Castillo |
|
|
|
|
|
| José Eduardo González Rodríguez |
|
|
|
|
|
| Fernando Gabriel Landa Torres |
|
|
|
|
|
|
|
|
|
IMPORTANT: IMPORTANT NOTE: The information here contained is of general nature and for informative purposes only. Please consider that what is here stated does not apply circumstances of any individual or entity. We strongly recommend not performing any activity based on this information without the professional assistance of our lawyers considering your particular circumstances. |
|
|
|
Our Litigio y Solución de Controversias Practice Team can gladly support you in the following topics:
|
|
|
| << Back |
|
Archivo PDF |
|
|
