Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
American expatriates residing in Colombia are subject to Colombian family law concerning divorce proceedings. Jurisdiction typically lies with Colombian courts where the spouse resides or where the marriage was registered, provided certain residency requirements are met.
Grounds for Divorce under Colombian Law
Colombian legislation permits divorce based on the following grounds:
- Mutual Consent: Both spouses agree to divorce and consent to the terms.
- Separation for More Than Two Years: Continuous separation exceeding two years without reconciliation.
- Fault-Based Grounds: Inclusion of reasons such as infidelity, abuse, or other justifiable causes, as recognized by Colombian law.
Procedural Aspects
- Uncontested Divorce: If both parties agree, the process is generally expedited, involving submission of joint petition and mutual agreements on issues such as child custody, support, and division of assets.
- Contested Divorce: Disputes over terms or grounds necessitate contested proceedings, which may involve hearings, evidence presentation, and longer adjudication timelines.
Legal Representation and Advice
Engaging a Colombian family lawyer experienced in international and expatriate cases is highly recommended. Legal counsel can assist in ensuring compliance with local procedural requirements, facilitate document preparation, and represent the client in court, thereby streamlining the divorce process.
Additional Considerations
- Child Custody and Support: Colombian courts prioritize the best interests of the child, and arrangements must comply with local child welfare laws.
- Property and Asset Division: Assets acquired within Colombia are subject to Colombian property division laws, which may differ from U.S. laws.
American expatriates must familiarize themselves with Colombian divorce laws and procedural requirements. Consulting qualified legal professionals ensures adherence to local legal standards and promotes an efficient resolution of divorce proceedings abroad.
Rada law firm with 20 years experience provides oegal assistance to american expats living in Colombia or whom are married to Colombian citizen.
Please contact us for further information.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
