Spencer Richard McMullen

Spencer Richard McMullen

Mexican Attorney / Translator - Bilingual
  • Immigration Law, Probate, International Law...
  • Mexico
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Summary

American born and educated, living in Mexico and with full law studies and postgraduate studies in Mexico. State court translator and on US Consulate list of translators.

Practice Areas
  • Immigration Law
  • Probate
  • International Law
  • Family Law
  • Gov & Administrative Law
  • Appeals & Appellate
  • Business Law
  • Consumer Law
  • Divorce
  • Collections
  • Criminal Law
  • Estate Planning
  • Real Estate Law
  • Municipal Law
Jurisdictions Admitted to Practice
Mexico
Languages
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Law clerk
Jalisco State Supreme Court
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Intern
Chapala Civil Court
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Education
Jalisco State College of Notaries
Diploma Course (2014) | Notarial Law
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Jalisco Institute of Public Administration
Diploma Course (2013) | Administrative Law
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J.D. (2012) | Law
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Universidad Panamericana
LL.M. (2012) | Civil and Business Law Procedure
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Jalisco Institute of Public Administration
Diploma Course (2012) | Condominium Administration
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Professional Associations
ANADE Colegio de Abogados
Certified Attorney
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Activities: National Corporate Attorney Bar Association Certified Attorney
Certifications
Expert Translator
Jalisco State Judicial Council
Expert Translator
Municipality of Guadalajara, Jalisco
Mortgage Advisor
Mexican Association of Financial Intermediaries
Websites & Blogs
Website
Legal Answers
14 Questions Answered

Q. What can I do if my wife is threatening to take my daughter to Mexico
A: Is your wife Mexican? Are you divorcing? Are there any existing custody orders? It would be best if you spoke to a local lawyer to have a custody order made ASAP with restrictions on taking the child out of the state / country (if none exists) to aid in getting the child back if your wife makes good on her threats.
Q. If I am sending the stepparent adoption form to Mexico, can it be signed @ a court, notary???
A: For a valid notarized signature on documents in Mexico you have 2 options, have the person sign in front of the notary at the US Embassy or consulate or sign in front of a Mexican Notary and then get an apostille after. Sometimes the Mexican notary may want the document translated into Spanish before he certifies the signature and at times the receiving party may want the apostille translated into English.
Q. Can I get divorced if my husband is in Mexico and can't come here and me and my kids just moved back to wa state ?
A: The court will most likely accept your case if you meet the residency time limits for your state. As far as serving the other party in Mexico, treaties between the U.S. and individual countries or international agreements such as the “Hague Convention on Service Abroad” and the “Inter-American Service Convention” will govern service of process, it can be tricky and cost a bit more than simple service in the US, not doing it properly could give the other party rise to attack a judgment at a later date if he did not respond.
Q. What is the procedure for divorce in the state of Tennessee when the husband has returned to Mexico?
A: Please be advised that service of papers in a foreign country, especially one that is a party to international treaties between them and the U.S. or international agreements such as the “Hague Convention on Service Abroad” and the “Inter-American Service Convention” is different than in the USA. Service MUST be done in strict compliance with treaties, i.e. you cannot have a regular process server or other person not acting under the jurisdiction of the Mexican court system serve the person or it may be later invalidated.
Q. Can I get married in California if I was married in Mexico but separated for 10 years?
A: You should strive to follow the law and get divorced properly to avoid future problems, like bigamy or where your present spouse could make a future claim to your assets if you die stating they are your current spouse and you never divorced. The reality is that nobody checks but in my practice I have seen cases as I mentioned where the rush to marry or to save money by not doing things right had future negative consequences. Maybe your spouse can be found and would agree to the divorce?
Q. Can my spouse divorce me from Mexico while I am in Utah
A: Yes the spouse can start the process in Mexico but to serve you properly will be a bit of a hassle and expensive due to needing a letter rogatory and having to translate the papers and follow the guidelines of the Hague Service Convention
Q. I have two children in Mexico. They're currently with their father, he doesn't want to send them back to the U.S.
A: You may be able to have them sent back but depends on many circumstances such as where they were born, are they dual nationals, were you married, why did they go to Mexico, how long have they been there, etc.
Q. Apply Mexican working visa
A: Not necessarily, you must apply at the Mexican consulate outside Mexico so at the interview you will find out if there is a problem. The employer needs to start the process for your work visa in Mexico.
Q. Can you get child support from someone that lives in Mexico?
A: Yes you can but man in Mexico work in the informal economy so unless he gets a regular paycheck, it would be hard to levy property or garnish wages. It would be best to investigate first and then if it made sense file the suit in the US, serve him be a letter rogatory and then register the foreign (US) judgment in Mexico and then execute upon it.
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Contact & Map
Hidalgo #230
Chapala, Jalisco 45900
Mexico
Guadalajara Office
Pablo Neruda #3055, Int. 302
Colonia Providencia
Guadalajara
Mexico