Intercasa

My office can apostille documents, we can do documents from Jalisco, the US and England.

We can help if need be to get password assigned to print certificate sheet with QR and bar codes as many places only accept those

New 2021 Regularization Program (Get legal if you overstayed your tourist visa)

Immigration has been offering sporadic programs so that people who have overstayed their tourist visas can become legal.  Many of these programs have been limited and come and gone.  There is now an effort to offer the program nationwide.  Details are still emerging as there is no official publication or law so each office has leeway to make some of their own rules about qualifying.  Currently it is available in Jalisco so we can do it in Chapala and Guadalajara and we will nail down the guidelines in the next few days.  It appears that the first requirement is for people to have an expired visa which was issued in 2019 or earlier.  More to come as we verify it.

Beware of legal frauds and fake attorneys. Only attorneys who have their degree and license (cedula) are able to call themselves attorneys (Abogado or Licenciado en Derecho) and represent you. There is a Federal Cedula and a Jalisco state one, an attorney needs to have both, one young guy is spamming Facebook pages calling himself an attorney and is not, not even sure if he speaks English, a guy gets out of jail in Canada for murder and opens a law office in Ajijic, you can´t make this stuff up but you can run their name in the federal system here https://cedulaprofesionalsep-gob.mx/

and Jalisco state system here https://serviciossgg.jalisco.gob.mx/pro.../wbfConsultas.aspx

If they do not show up and they are offering services here in Jalisco or calling themselves Abogado or licenciado then they are frauds

Traffic is worse, more businesses, more cars, projects like the bike path where some bike lanes are wider than traffic lanes and no bus stops, elimination of parking spaces, a culture of blocking the road or not caring.  Get up early or plan to walk everywhere or just be frustrated and if you are old or sick live close to a hospital or call a bike ambulance as no real ambulance will be able to come fast

My office can do it and you will not have to go to Guadalajara

There are 2 Mercado Libre Codes, well I use the Bancomer smart ATMs, first is the convenio or client (Mercado Libre) number 0641375 then there is the specific transaction identifier which is only good for that transaction.  To see your Mercado Pago balance log in

I use cash on Mercado Libre to avoid credit card issues.  You can choose when you make payment to use your Mercado Pago balance or just pay cash and even then you can pay extra and build credit if you are a frequent purchaser.   For example, if I buy a keyboard for $320 pesos I can use my Mercado credit of say $200 and then just deposit $120, or I can pay at the Bancomer ATM and deposit $500 pesos and then will have $180 credit from this purchase which will be added to my Mercado Pago account so the next purchase I will have $380 pesos credit.

If you present a utility bill or bank statement you need all pages as the further pages have the digital signature / bar / QR codes which makes a "copy" an original then validating the black and white copy as a digital original

We send people to the Casas de Bolsa in Ajijic and they are more flexible

There are 3 different kinds, some good only in Chapala, others statewide.

Here is what we charge, includes us and government, we get a bit over 100 pesos, less than 200

 

Car refrendo Jalisco $800.00 January, $820.00 February and March, $850 after + fines if any

Moto refrendo Jalisco $400.00 January, $420.00 February and March, $450 after + fines if any

A well respected laboratory has had someone clone their name and site to offer Pfizer vaccines and try to collect money from people so beware, FAKE and SCAMMERS

I think prices will fall.  More people putting off  retirement, rising crime, businesses closing, restrictions on international travel, the dollar getting weaker, the charm of the pueblo being destroyed with tearing down the hills for developments, poorly thought out bike path, infrastructure at capacity.  

Air BnB will get killed more when they hit the hosts for taxes, the 10% withholding is just that, a withholding and then they can wait and see if the host files taxes and if not then send demand letters for the income tax up to 35% on the rent and then the IVA sales tax of 16% as it was a furnished rental, then they could tip off the state for the hospitality tax of 3% then if too much time has passed penalties and interest.  

 

                Per the 2021 Tax Regulations published in the DOF (Diario Oficial de la Federación), SAT (Mexican tax authority), as a protective measure to prevent fraud and identity theft will be deactivating the passwords of millions of taxpayers who are under the Regimen de Incorporacion Fiscal system (simplified system for small businesses).  This can affect your right to file you tax returns, issue facturas and be able to print tax certificates and get information.

                They claim it is only under three circumstances, 1^st, where there is little activity (what does this mean and who decides?), 2^nd, where no facturas have been issued, and 3^rd where people have failed to file tax returns. 

                I have had my clients receive an email from SAT mentioning this and they have filed their returns so this may be an issue for everybody or many may fall into it. 

                What do you need to do?  You can get an appointment and go to the SAT offices but there are no appointments (when we last checked). 

You can use their SAT ID program but the new system makes people upload their documents in an odd way, then they must video record you saying a phrase in Spanish, then sign your name perfectly exactly as you signed your ID in a 2 inch by 3 inch box using your mouse, here is where most people are rejected. 

The last and only real option is to do it online on their site and hope their site is up and working or we can take care of it for you.

Old forms are still valid and the new ones seems to be the current presidential administration updating the forms with their trademark color schemes.  There are some very minor updates / changes.

The forms are the Forma Migratoria Multiple (FMM) or "Tourist card", the standard temporary and permanent visas and the FEM statistical form for Mexican nationals to fill out when flying out or into the country.

 

We will confirm, the whole point of me writing this is for each person to investigate their specific case / circumstances and not wait and let it all happen at the airport where it may be too late.  Do airlines now not offer the print your boarding pass at home option?

All the same, they just added to be allowed to give out free government stuff.  I posted on Alfaros Twitter account that people over 60 are denied entry to buy food and he needs to change that.  Mexicans should remember the poorly written decrees at election time, foreigners need to push their consulates to act so foreigners do not starve to death and urge the Governor to rewrite the restrictions making an exemption to enter to buy food and medicines.

I will confirm that as we spoke to Grupo GAP and they told us otherwise

This month, January, 2021, many governments announced restrictions for those who travel by air in order to control and contain the coronavirus / COVID and its variations and new strains popping up. 

These governments have required airlines to enforce pre-flight testing. 

All tests are not equal.  There are viral tests and antibody tests.  The CDC states that all passengers are required to get a viral test 3 days before travel.  This is the nose or mouth swab test. 

Many laboratories and even hotels or tourist operators offer rapid tests but they may not meet the airline or government guidelines and therefore will not be honored. 

Not all countries and airlines follow the CDC guidelines.  This means that some may require a test 7 days in advance, another 3 days in advance.  If you have layovers in different countries and with different airlines you may have to research all their policies and make sure you comply with the strictest of the policies.

Here in Mexico you receive test results in Spanish.  The United States and most of their national airlines will accept the results in Spanish.  England will accept in English, Spanish or French.  The Czech Republic will only accept in Czech or English and Korea only in Korean or English.  You need to check with each country you will be in as well as the airline to see if they will accept the language your results are in.  We can translate your results from Spanish to English as we are official translators on the Federal / State court lists as well as on the Consular / Municipal lists and besides quality work, we have the credentials to be accepted internationally while others may not. 

How will you receive the results?  Will the airline you fly on and countries you land in accept digital test results or do they want physical copies?  Will the airline you fly on and countries you land in accept a digital translation or do they want physical copies? 

Airports are offering tests for travelers but the traveler needs to make sure the results will be accepted by all the airlines they fly on and countries they go to or have layovers in. Waiting to do it all at the airport allows no time for error to get any needed translations or to find out that you received digital results and further on in your trip you may be asked for physical results.

Worksheet to not miss your flight

 Airline 1_____________________    Test type_____    Test time before flight 3 days [  ]  5 days [  ]  7 days  [  ]

 Test results  Digital [   ]  Physical  [  ]   If results need to be translated, what language __________   Digital [   ]  Physical  [  ]  

 

Airline 2_____________________    Test type_____    Test time before flight 3 days [  ]  5 days [  ]  7 days  [  ]

 Test results  Digital [   ]  Physical  [  ]   If results need to be translated, what language __________   Digital [   ]  Physical  [  ]  

 

Airline 3_____________________    Test type_____    Test time before flight 3 days [  ]  5 days [  ]  7 days  [  ]

 Test results  Digital [   ]  Physical  [  ]   If results need to be translated, what language __________   Digital [   ]  Physical  [  ]  

 

Country 1_______________ Test type_____    Test time before flight 3 days [  ]  5 days [  ]  7 days  [  ]

 Test results  Digital [   ]  Physical  [  ]   If results need to be translated, what language _________   Digital [   ]  Physical  [  ]  

 

Country 2_______________ Test type_____    Test time before flight 3 days [  ]  5 days [  ]  7 days  [  ]

 Test results  Digital [   ]  Physical  [  ]   If results need to be translated, what language _________   Digital [   ]  Physical  [  ]  

 

Country 3_______________ Test type_____    Test time before flight 3 days [  ]  5 days [  ]  7 days  [  ]

 Test results  Digital [   ]  Physical  [  ]   If results need to be translated, what language _________   Digital [   ]  Physical  [  ]  

You need fiber optic to get the good speeds, I have one account and get 200mbps and the other 60mbps, without fiber optic you get crappy speeds.

Risking their lives and others for that "cheap" trip to Mexico wont be cheap anymore for those cheapskates

Going through the big D and I don´t mean Durango (Dallas)….???   With the lockdowns and closures, many are at wit´s end with their spouses.

Here is the short and skinny and a general overview on divorce in Mexico in 2021.

Documents needed for all divorces:

- Birth certificates of each party. Those born outside Mexico require an apostille, or legalization with which we can do the apostille.

- Marriage certificate.  Those married outside Mexico with apostille, or legalization with which we can do the apostille).

- Birth certificates of all minor children. Those born outside Mexico with apostille, or legalization with which we can do the apostille).

- Property deeds and vehicle titles for assets to be split / awarded in the judgment

All documents need to be originals or certified copies and property authenticated by the issuing authority or custodian of documents, apostilled or legalized and then translated officially. 

Mexico is very particular on documents and evidence and requires all evidence to be provided up front in the proper format.  Failure to do so can make you lose your right to use the evidence in court and lead to you losing your money, rights or the case even though you the other party was at fault or broke laws / rules.

Mutual divorces:

- Utility bill for one of the parties showing their name (CFE, Telmex or Cable / Internet) dated within 60 days to show court has jurisdiction here

- Pregnancy test showing wife is not pregnant with a certification from the Government Health dept.  This applies to all women, I have had to make my clients over 80 do it and only have had it waived for a gay divorce with two guys because the judge was reasonable.

- Parties MUST be able to appear 2 times in front of a notary, which can be scheduled within 1 weeks’ time of each other.             

***Notaries must check foreigners’ immigration status in order to give services, so if your visa is expired you will have to do the 2 hearings at the courthouse which means extra months added.

Contested Divorces:

- Power of Attorney: if moving party does not live in Mexico or will not be here.  Some courts accept and some do not, in the end we have had them accepted.  While this is not always necessary, if you aren´t here and nobody can appear for you, then you will not be able to prove your case.

Notarial and administrative divorces      

 (some handled in mediation centers). Administrative divorce in the Civil Registry can be done in about 30 days.  Divorces done in mediation centers are similar but are sent for judicial rubber stamp so that time should be added to the process.  Not many qualify for these but they can be an option if: 1. Married here under separate property, 2. Both parties will be physically present during the process, and 3. No kids or contested issues.

How fast does it all happen (Jalisco State Courts)?

Assuming courts are not closed / on vacation, any divorce filing with all required documents presented to the court, for the court to be assigned the case, accept it, publish a ruling and notify us, takes 2-4 weeks, depending on the court and workload.

Then there is a government office called the social agent (Agente Social) which looks over the file and makes any necessary comments or asks for corrections. This takes another 1-2 weeks.

If there are minor children, then the governmental child services office (Procuraduria de Niñas, Niños y Adolescentes) looks over the file and makes any necessary comments or asks for corrections. This takes another 1-2 weeks.

If it is a mutual divorce, then we meet to have a notary verify your signatures on a mutual divorce filing and then present to the court. The court then takes 1-2 week to accept it and then we present a document showing that you tried to reconcile but still want to go through with the divorce. The court then takes 1-2 weeks to accept, then puts it in line for a final judgment which then takes 3-5 weeks.   ***These are 2 hearings which now can be done in front of a notary public saving much time and eliminating the need for a translator (if the notary speaks English). Notaries much check foreigners’ immigration status in order to give services, so if your visa is expired you will have to do the 2 hearings at the courthouse, which means extra months added.

If it is a contested / no fault / necessary divorce then we need to schedule with the court notifier office to serve the other party.  If they are a foreigner, then a translator needs to be named and that is a few extra weeks. If not, then preparation to serve them may take 1-3 weeks.

The party will have 8 business days to respond. We wait that time period

1.  If no response (waiting a week after deadline to ensure no response was presented), we then ask the court to declare them in default. 

2. If they do respond, then in 1-2 weeks the court processes their response and we evaluate if they responded correctly or if they contested anything or brought out any new facts or evidence.

3. Then in a situation where the defendant has timely responded then the court sets up a conciliation hearing that can be 1-3 months away.

Following any of the above scenarios, the court then sets up a date to present evidence, as the circumstances may be, such as witness testimony, deeds, bank statements, documents, etc. If there are no kids, assets, or support issues, then it is resting upon the marriage certificate provided with the initial filing.

After the evidentiary hearing, the court then takes 1-2 weeks to accept, then puts it in line for a final judgment which then take 3-5 weeks.

 

Historical and current climate affecting divorce proceedings

The right to be divorced is new (a declared Human Right not just under caselaw but now in the Civil Code) and different courts interpret it different ways.  Although the right is now part of the Civil Code, and it is the law of the land, there is no corresponding change in the Code of Civil Procedure, pending a potential move for a National Code of Civil Procedure, in which case it will be up to the federal legislature to enact a new code.

With all that said, some judges are old fashioned and even in a default case will set the matter for the evidentiary hearing.  In which case, I would go and say we rest our case on the marriage certificate presented in cases with no kids / assets and short term marriage. 

Some judges who are forward thinkers will decree the dissolution immediately upon accepting the case or when the other party is served, as it is a right and really cannot be contested.

In the end, some mutual case with assets and the like I have done in 3 months!  Some contested cases drag on for years as the parties prefer punishing the other and making attorneys rich while making themselves poor.

 

Where does it need to be filed (Jalisco State Law)?

Mutual divorces can be filed in the court where the parties live or established their marital residence as proven by one of them providing an original utility bill in their names.

Administrative Divorces at the Civil Registry where the parties live.

With a Notary Public in the notarial region where the parties were married.

Necessary / no fault / contested divorces can be filed in the court where the parties lived, where the abandoned spouse lived, or where the defendant lives.  Many courts refuse to accept filings where the defendant lives and we have filed many appeals and won on this issue.  This is important because if the moving party lives out of the area or out of the country they will have no utility bill to prove that they lived in the jurisdiction so under the other theories no court would accept as it could not be proven.

 

COVID changes….

Many courts have been closed during March, April, May, June, July 2020 and January 2021.  Also there have been restrictions on who can enter the courthouse and a huge backlog on an already overburdened system. 

When the courts reopened in August, 2020 there were limits on who could go with an appointment system being implemented, that sounds good except when you want to check your file and the next appointment is 3 months away. 

As of the writing of this article they have implemented an electronic notification system, well some court notifiers will send photos of court rulings and others will not, some courts do not have internet or new computers nor scanners. 

The state transparency agency is working with the State Supreme Court to make available all sentences issued on appeal online.  This should avoid corruption and also let attorneys know the courts reasoning and how they apply the law in certain types of cases.

For 2021 they are starting to have family law hearings via online video chat through a Telmex platform, it is still too new to comment.

There was an initiative presented to the Congress in Jalisco in December 2020 to create a State Advanced Electronic signature so that more could be done and not waste paper as well as present motions and documents online 7 days a week.  The federal courts already have this, it will be a great advance for the state courts.  Newly announced electronic system to be implemented perhaps in February, 2021 as there have been conflicting reports about having enough budget to do so.

 

Costs?

Marriage and birth certificates + apostilles / legalizations + translations if not in Spanish

Attorney Fees

Experts for custody and property issues

Powers of Attorney

Notary Fees

Oficios / Publicaciones

I have a doctor friend at the civil hospital in Guadalajara.  He is scared and worried and many of his coworkers are. There are no good stats published although I have many doctor clients and it is scary what they say.  Many, many people report on social media that they have had to go to 3,4 or 5 hospitals to find beds.  I didnt mean to say there are zero beds but if you need a bed, how will you find one?  Lakeside has more than Guadalajara but things are growing exponentially so beds may not last long.  Also I thought once infected never again but there are more and more confirmed reports of new strains and reinfections.  We cant live in a bubble

Only time they would take all that is if it did not have Jalisco plates.