Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Divorce is a significant legal process that allows couples to legally dissolve their marriage and move forward with their lives independently. In Colombia, the process for filing for divorce is governed by the Civil Code ensuring a structured approach for spouses seeking legal separation. This article provides an overview of the key steps, requirements, and considerations involved in filing for divorce in Colombia.
Types of Divorce in Colombia
Colombia recognizes three primary types of divorce:
- Divorce by Mutual Consent: Both spouses agree to end the marriage and cooperate in the process.
- Divorce for Cause One spouse files for divorce due to specific reasons defined by law, such as infidelity, abandonment, or abuse.
- Unilateral divorce: One spouse decides to file a divorce petition only based on his/her decision.
Grounds for Divorce
Colombian law allows for divorce under various circumstances, including:
- Mutual agreement between spouses
- One spouse’s fault (e.g., infidelity, mistreatment)
- Prolonged separation (typically, more than two years of living apart)
- Mutual consent after a period of separation
- Unilateral will.
The Filing Process
- Preparing Documentation
Before initiating the process, spouses should gather necessary and hire a Colombia attorney in order to write an Agreement for divorce and liquidation of assets, also regarding child custody, visitation rights, and division of assets (for mutual consent divorces)
- Court Proceedings
- Mutual Consent Divorce: If both spouses agree, the court usually processes the case more swiftly. They will submit a joint petition and, if all requirements are met, obtain the divorce decree. It requires legal representation.
- Contested Divorce: If there is disagreement, the court will evaluate evidence and hear testimonies. The process may involve several hearings and require legal representation.
- Resolution and Final Judgment
Once the court is satisfied that all legal requirements are met and the process complies with Colombian law, it will issue a final judgment declaring the dissolution of the marriage. This judgment is registered in the Civil Registry to formalize the divorce.
Key Considerations
- Child Custody and Support: The court prioritizes the best interests of minor children. Agreements on custody, visitation rights, and child support must be established and approved by the court.
- Division of Assets: The marital estate should be divided equitably. Spouses can negotiate or rely on the court’s judgment if they cannot reach an agreement.
- Legal Representation: It is mandatory, hiring a lawyer experienced in family law can facilitate the process and ensure rights are protected.
Special Cases and Exceptions
- International Marriages: Couples married abroad but residing in Colombia may need additional documentation or legal procedures to recognize the divorce.
- Irreconcilable Differences: Colombian law allows for no-fault divorces based on irreconcilable differences, simplifying the process for spouses who no longer wish to stay married.
Filing for divorce in Colombia involves a legal process designed to protect the rights of both parties and any children involved. Whether by mutual consent or for cause, understanding the procedural steps and legal requirements is essential.
Rada Law Firm is a reputable legal practice specializing in family law, with expertise in divorce cases that involve cross-border considerations between the United States and Colombia. Their experienced team of attorneys possesses extensive knowledge of the legal frameworks, cultural differences, and procedural details of both nations
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
