The process for dissolving a marriage in Guatemala has evolved considerably in recent years, with the goal of offering more accessible, humane, and efficient solutions to couples who have decided to end their union. One of those solutions is what has come to be known as "express divorce" — a legal option that allows a marriage to be ended quickly and in an orderly way, provided the requirements set out in current law are met.
What is express divorce?
The phrase "express divorce" does not appear in the Guatemalan Civil Code, but it is commonly used to refer to a divorce by mutual consent. This procedure applies when both spouses agree to dissolve the marriage and there are no disputes over property or over the custody of minor children.
Unlike contested divorce, express divorce is voluntary, less formal, and significantly faster, which translates into lower costs, less time, and a much smaller emotional toll on the parties involved.
Legal basis in Guatemala
Divorce by mutual consent is governed by Article 225 of the Guatemalan Civil Code. Depending on the circumstances of the case, it can be handled in one of two ways:
Core requirements for an express divorce
- Mutual agreement between both spouses to dissolve the marriage.
- No minor children — or, where children are involved, prior, properly documented agreements on custody, child support, and visitation.
- No shared property to divide — or property that has already been liquidated through a formal public deed.
- A joint petition, either before a judge or before a notary, as the case requires.
Benefits of express divorce
- Speed: The procedure can wrap up in weeks — or even days when handled through a notary.
- Lower costs: It avoids the expenses associated with drawn-out court proceedings.
Why specialized legal counsel matters
Even though this is a simplified procedure, an express divorce is still a legal act with significant consequences. Working with specialized counsel ensures that the process is conducted in line with the law, that the agreements are clear and valid, and that both parties' interests are protected.
An experienced family-law attorney can also determine whether a case actually qualifies for an express divorce or whether a different legal route is better suited to resolve any outstanding issues.
Our approach at Vaides Matta & Asociados
At Vaides Matta & Asociados, you will work with a legal team with deep experience in family law and divorce proceedings, including express divorce. We are committed to providing ethical, efficient, and human service — making sure the process has as little impact as possible on you and the people around you.
We advise you end-to-end: from drafting the agreement to formally executing the divorce through a notary or a court.
Considering starting an express divorce?
Our team is ready to help you with professionalism, confidentiality, and empathy. Let us guide you through this transition with the legal security you deserve.