Divorce in Guatemala is handled through the Juzgados de Familia (Family Courts) under the Organismo Judicial. Once the court issues a final resolution dissolving the marriage, the divorce must be inscribed at RENAP to update both spouses’ civil status from “casado/a” to “divorciado/a.” Only after RENAP processes the inscription can you obtain a new DPI reflecting your changed status.

Guatemala recognizes two main types of divorce: voluntario (mutual agreement) and contencioso (contested). The voluntary path is significantly faster, cheaper, and less emotionally draining. Family courts have used virtual hearings since the pandemic, but the Code still requires each spouse to appear personally at the conciliation hearing unless that spouse is outside Guatemala and appoints a representative (Civil and Commercial Procedure Code Art. 428).

Quick summary: A mutual-consent divorce needs more than one year of marriage and a conciliation hearing. Contested divorce can take 6+ months. Lawyer fees are agreed with the lawyer within the Arancel (Decreto 111-96). RENAP charges a Q25 fine if the divorce is inscribed more than 30 days after the ruling.

Prices verified April 2026. Check our exchange rate page for today’s USD/GTQ rate.

Cost

ItemCost
Lawyer fees (voluntary or contested)Agreed with the lawyer, never below the Arancel (Decreto 111-96, Art. 1); matter of indeterminate value: Q500-Q15,000 by importance (Art. 7)
RENAP inscription of divorceQ25.00 fine if inscribed more than 30 days after the resolution of the judge (RENAP, checked October 21, 2026)
New DPI (updated civil status)Q100

Types of Divorce

Voluntary Divorce (Divorcio Voluntario)

  • Both spouses agree to dissolve the marriage
  • Minimum marriage duration: 1 year
  • Must agree on: child custody, child support, property division, and spousal support
  • Hearing: conciliation hearing within eight days of filing (Civil and Commercial Procedure Code Art. 428); some courts hold hearings by videoconference
  • Duration: no total published; ruling within eight days of meeting the requirements (Art. 431)
  • Representation: each spouse appears personally with a different lawyer; only the spouse who is outside Guatemala may appoint a representative, and never the same person as the other spouse (Art. 428)

Contested Divorce (Divorcio Ordinario)

  • One spouse files without the other’s agreement
  • Legal grounds required: abandonment, domestic violence, infidelity, mutual separation for more than 1 year, or other causes listed in the Civil Code
  • Duration: 3-6 months or longer depending on complexity
  • Requires evidence and testimony before the judge

Requirements

  • DPIs of both spouses
  • Marriage certificate from RENAP (certificacion de matrimonio)
  • Birth certificates of minor children (if applicable)
  • Convenio regulador (regulatory agreement) covering child custody, support, property, and alimony — for voluntary divorce
  • Lawyer — legal representation is mandatory for all divorce proceedings

Step-by-Step Process (Voluntary Divorce)

  1. Hire a lawyer — mandatory for divorce proceedings
  2. Draft the convenio regulador — the agreement covering custody, support, and property division
  3. File the petition at a Juzgado de Familia
  4. Court schedules the conciliation hearing — within eight days (Art. 428)
  5. Attend the hearing — in person, each spouse with a different lawyer (or through a representative if you are outside Guatemala)
  6. Judge issues resolution — if all requirements are met, the divorce is granted
  7. Wait for the resolution to become final (firmeza)
  8. Obtain certified copy of the court resolution
  9. Present resolution at RENAP for inscription
  10. RENAP updates civil status (1-2 weeks)
  11. Process a new DPI with updated civil status (Q100)

Processing Time

StageTime
Filing to hearing (voluntary)Within 8 days (Art. 428)
Court resolution (voluntary)Within 8 days of meeting the requirements (Art. 431); total not published
Court resolution (contested)3-6+ months
RENAP inscription1-2 weeks
New DPI processing30 business days

Specialized Family Court

In Guatemala City, divorce cases are handled by the Juzgados de Primera Instancia de Familia, located at:

Centro de Justicia de Familia 21 Calle 7-70, Zone 1, Guatemala City Hours: Monday-Friday, 8:00-15:30

Outside the capital, the local Juzgado de Primera Instancia handles family matters.

Details

Even a voluntary divorce can face delays if the court identifies issues:

Convenio regulador problems (most common):

  • Child support amount is too low — judges compare against minimum guidelines and reject inadequate proposals
  • Custody arrangement does not specify visitation schedule in enough detail
  • Property division is vague or incomplete — the judge needs specifics on each asset
  • No provision for the family home — who stays, who leaves, or how it is sold

Documentation issues:

  • Marriage certificate is expired or has errors — get a fresh one from RENAP before filing
  • Birth certificates of minor children are older than 6 months
  • DPI does not match the name on the marriage certificate (common if there was a name correction after marriage)

Procedural delays:

  • One spouse fails to appear at the hearing (or their lawyer does not have proper mandato judicial)
  • Judge requests additional information about the couple’s assets or children’s welfare
  • The convenio is amended multiple times — each amendment may require a new hearing

How to avoid delays:

  1. Have the convenio regulador reviewed by both lawyers before filing
  2. Ensure all documents are current (certificates within 6 months)
  3. Include specific details about every asset, debt, and custody arrangement
  4. If attending online, test the videoconference connection before the hearing date
Details

When minor children are involved, Guatemalan family courts prioritize the children’s welfare:

Custody (patria potestad):

  • The parents may agree which of them keeps the children, but the judge may decide otherwise for serious, reasoned causes, taking the children’s welfare into account (Civil Code Art. 166)
  • The judge considers the children’s best interest, stability, and each parent’s capacity

Child support (pension alimenticia):

  • Both parents are legally obligated to support their children
  • The non-custodial parent pays a monthly pension
  • Amount is based on the children’s needs and the parent’s income
  • Failure to pay is a criminal offense in Guatemala (Art. 242 Codigo Penal)

Visitation (regimen de visitas):

  • Must be specified in the convenio regulador with dates, times, and pickup/dropoff arrangements
  • Vague arrangements like “every other weekend” may be rejected — be specific
  • Holiday and vacation schedules should be addressed

International custody considerations:

  • If one parent is in the US and the other in Guatemala, custody arrangements become more complex
  • Guatemala is a party to the 1980 Hague Child Abduction Convention by accession (2002), and it has been a US treaty partner under it since 1 January 2008 (see a child taken to or from Guatemala)
  • Cross-border custody agreements may need to be recognized in both jurisdictions
Details

If your spouse does not agree to a voluntary divorce, you must file a contested divorce (divorcio ordinario) based on specific legal grounds defined in the Civil Code:

Legal grounds (Art. 155 Codigo Civil), in summary:

  1. Infidelity by either spouse
  2. Mistreatment, continual quarrels, serious insults and, in general, conduct that makes life together unbearable
  3. An attempt by one spouse on the life of the other or of the children
  4. Voluntary separation or abandonment of the marital home, or unjustified absence, for more than one year
  5. The wife giving birth during the marriage to a child conceived before it, if the husband did not know of the pregnancy
  6. The husband inciting the wife to prostitution or corrupting the children
  7. Unjustified refusal to meet the duties of support toward the other spouse or the children
  8. Squandering of the household estate
  9. Gambling or drunkenness, or habitual misuse of narcotics, when they threaten to ruin the family or are a constant source of discord
  10. A criminal complaint or slanderous accusation by one spouse against the other
  11. A final conviction for a crime against property or another common crime carrying more than five years in prison
  12. A serious, incurable and contagious illness harmful to the other spouse or to the offspring
  13. Absolute or relative impotence, incurable and arising after the marriage
  14. Incurable mental illness sufficient for a declaration of incapacity
  15. A legal separation declared by final judgment

Incompatibility of character is not on the list. Only the spouse who did not give cause may sue, within six months of learning of the facts (Art. 158); but for voluntary separation from or abandonment of the marital home, or unjustified absence, for more than one year (Art. 155, ground 4), Art. 156, as amended by Decreto 27-2010, says the action may be brought by either spouse.

Evidence requirements:

  • Police reports, protection orders, medical records (for domestic violence)
  • Witness testimony from family members, neighbors, or colleagues
  • Financial records proving abandonment of family obligations
  • Medical or psychological evaluations

Process:

  1. Lawyer files the demand (demanda de divorcio) with evidence
  2. The other spouse is notified and has 9 days to respond
  3. Discovery period (periodo de prueba) — 30 days to present evidence
  4. Final hearing and judge’s resolution
  5. Resolution can be appealed (apelacion) — adds 2-4 months

Cost: lawyer fees agreed with the lawyer within the Arancel (Decreto 111-96).

From the US (Diaspora Info)

Guatemalans living in the United States can process a voluntary divorce without returning to Guatemala:

  • Hearings — some family courts hold hearings by videoconference; your lawyer can ask the court
  • Power of attorney — because you are outside Guatemala, you may appoint a representative for the conciliation hearing (Civil and Commercial Procedure Code Art. 428), but never the same person your spouse appoints; for a contested case, grant a mandato judicial to your lawyer
  • Your spouse in Guatemala handles their part in person or also through a lawyer
  • Consular assistance — a Guatemalan consul who is a notary can authorize your power of attorney as a Guatemalan notarial act. A power signed instead before a US notary public is the route that needs an apostille, a sworn Spanish translation and protocolization before a Guatemalan notary (Judicial Branch Law Arts. 37-38)
  • After the divorce — you will need to visit a RENAP office or consulate to process your new DPI with the updated civil status. Mobile RENAP units at US consulates can handle this during their periodic visits
  • US recognition — a Guatemalan divorce is generally recognized in the US, but check your state’s specific requirements.

Tips & Common Mistakes

  1. Start with a clear agreement. The fastest voluntary divorces happen when both spouses have already agreed on everything before the lawyer files. Disagreements on custody or property can delay a “voluntary” divorce by weeks or months.

  2. Update your DPI immediately. Your old DPI showing “casado/a” will cause problems if you try to remarry or handle certain legal matters. Process the new DPI as soon as RENAP inscribes the divorce.

  3. Protect your assets before filing. If you suspect a contested divorce is coming, consult a lawyer about asset protection. Joint bank accounts and shared property can become complicated during proceedings.

  4. Notify RENAP yourself if needed. The court is supposed to send the resolution to RENAP, but bureaucratic delays happen. Bring a certified copy of the court resolution to RENAP yourself to ensure timely inscription.

  5. Children’s needs come first. Judges in Guatemala take child welfare very seriously. If your convenio regulador does not adequately address child support and custody, the judge will reject it and ask for amendments — which adds time.