Family
State civil codes, with nationwide same-sex marriage
Family law is state law, so requirements differ across the 32 entities. The Supreme Court's 2015 jurisprudence made any state ban on same-sex marriage unconstitutional, and by 2022 every state had legislated accordingly. No-fault divorce is available in most states.
Key rules
- Divorcio sin expresión de causa lets one spouse dissolve the marriage unilaterally in most states.
- Child custody decisions apply the interés superior del menor as a constitutional standard.
- Community property (sociedad conyugal) is the default in many states; separación de bienes must be chosen in the marriage deed.
- Concubinage creates inheritance and support rights after a period of cohabitation defined by each state code.
- Mexico is a party to the Hague Child Abduction Convention, with the SRE as central authority.
Governing law
- Código Civil FederalApplies federally and as a model for state codes.
- Ley General de los Derechos de Niñas, Niños y AdolescentesNationwide child-rights framework.
- Código Civil para la Ciudad de MéxicoThe most frequently cited state code.
In practice
Which state's court has jurisdiction usually turns on the couple's domicile. Foreign marriages and divorces need apostille and certified translation before they can be registered at the Registro Civil.