If you have just gotten divorced and want to get married again, you can do it right away, without having to wait any deadline, Well, in Mexico only two states still maintain some restrictions on getting married after the dissolution of the marriage bond.
In our country all marriages and divorces are governed by the Civil and/or Family Codes of each state, so – if you do not live in Sonora or Zacatecas – in the other entities You can get married as soon as your divorce decree becomes final.
The provisions of the Federal Civil Code, which establish that a woman “cannot contract a new marriage until three hundred days after the dissolution of the previous one,” are only applicable to Mexicans who get married in a Mexican Consulate abroad.
In national territory, all marriages and divorces are carried out based on the Civil or Family Code of the state in which the couple has established their marital domicile.
Therefore, the recent reform to the Federal Civil Code approved in the Senate, which eliminates the aforementioned restriction, has no effect for anyone who wants to get married in Mexico immediately after a divorce.
In any case, these modifications will only benefit – when endorsed by the deputies – Mexican women who intend to get married, after a divorce, in one of our country's legations abroad.
Limitations on remarriage, unconstitutional
As for what happens in Sonora, the restriction to be able to get married after a divorce is the following:
- Article 173 of the Family Code of that entity establishes that “the spouse who gave rise to the divorce “You will not be able to remarry until after two years.”
This limitation is preserved in that norm because in Sonora there are still grounds for divorce, and said Code does not contemplate divorce without cause or without cause, so, if a man or a woman is found responsible for the cause of the divorce, formally , they must wait two years to remarry in that state.
Nevertheless, In Sonora there are divorces without cause, Well, although its Family Code does not say so, the civil and family courts of that entity apply the jurisprudence of the Supreme Court of Justice of the Nation, and allow a person, unilaterally, to request a divorce without the need to express any cause.
The Court has already determined that the divorce without expression of cause It is an effective means to eliminate conflicts in the process of dissolution of marriage, “and respect the free development of personality,” since no one can be forced to remain married to a person.
That is, all Mexicans united in marriage have the right to divorce, without needing the consent of their spouse. In addition, it is also a right to obtain the dissolution of the marriage bond without mentioning the reasons for that decision. Forcing you to do otherwise is unconstitutional.
Therefore, if you divorced in Sonora by common agreement with your husband or wife, or without expressing any cause, You can get married immediately in that same entity.
In contrast, if you were “guilty” of the divorce because your spouse sued for some cause contemplated in the Sonoran Family Code, if you want to remarry you have these options:
- You must wait two years if you want to marry again in that same entity.
- You can go get married in any other state without waiting those years.
- You have the option of processing an indirect protection so that this restriction does not apply to you, and you can celebrate your wedding immediately, after the divorce in which you have been found responsible for the cause of it.
Legal inequality between men and women
In turn, in the Family Code of the state of Zacatecas, the only limitation on remarriage after a divorce applies to women:
- Article 116 of this legislation states that “the woman who wants to contract a new marriage, within three hundred days after the dissolution of the previous one, You must present a medical certificate of non-pregnancy.”
Ergo, the Civil Registry official will refuse to marry a woman who intends to marry, immediately after divorcing, if she does not submit the non-pregnancy test, which is also unconstitutional.
Like the restriction contained – until now – in the Federal Civil Code, the requirement of the Family Code of Zacatecas aims to protect the filiation of children, in case they are born after a divorce.
This was necessary in the days when DNA or paternity tests did not exist. In fact, unless there is an analysis of this type, in our country all children born in a marriage are presumed to be the offspring of the two members of the couple.
Therefore, if the woman or surrogate is pregnant at the time of the divorce, to guarantee the recognition of the child, it is also presumed that the paternity of the child corresponds to the ex-spouse, if the child is born within 300 days after the dissolution of the relationship. matrimonial.
In fact, it is no longer necessary to maintain these provisions that affect women by giving them unequal treatment in legal terms, Well, if the man – married or divorced – doubts his paternity, it is enough to do a DNA test to determine whether or not he is the father of his spouse's or ex-spouse's child.
In this case, if you are a woman, you live in Zacatecas, and you have just gotten divorced, to get married immediately after without presenting the medical certificate of non-pregnancy You can file an Amparo Trial, or go to another state to celebrate your new marriage.
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Surya Palacios Journalist and lawyer, specialist in legal and human rights analysis. She has been a reporter, radio host and editor.