Family law, handled discreetly and on clear timelines

An uncontested divorce is available where both spouses agree to separate and agree on the terms: what happens to the property, the custody of any children, and child support. It is markedly faster and cheaper. A contested divorce is the litigated route: it applies where there is no agreement on the substance or the terms, and it requires proving the ground invoked before the family court.

The governing standard in Guatemala is the best interests of the child. The court weighs the stability of the environment, who has in fact been providing care, each parent's ability to provide and sustain that care, the child's own view according to age and maturity, and any social work or psychological reports ordered. Custody granted to one parent does not remove the other parent's right of contact and visitation, absent an express ruling to the contrary.

We cover all three stages. Establishment: the petition before the court, evidence of the child's needs and of the obligated parent's means. Modification: an increase or reduction when either party's circumstances change. Enforcement: pursuing collection where payment is not being made, including the measures the law provides to make it effective.

It depends on the route and on the court's caseload. An uncontested divorce with a complete settlement usually resolves in weeks or a few months. A contested proceeding, with evidence to present and possible appeals, can take considerably longer. In the initial consultation we give you a realistic range for your specific matter, not a promise.

Not at every one. Many steps are carried out by the attorney under a power of attorney, and several allow representation. There are hearings, however, where the court requires the parties to appear personally. If you live outside Guatemala we tell you from the outset at which points your presence is indispensable, and where a power of attorney granted and legalized at the consulate is sufficient.