Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
In recent years, Colombia has made significant progress toward recognizing the rights of same-sex couples, including the legalization of same-sex marriage in 2016. Medellín, as one of Colombia’s most progressive cities, has seen an increase in legal recognition and support for LGBTQ+ individuals. However, when it comes to ending these unions, the legal process for gay divorce involves specific considerations that couples should be aware of.
Legal Framework for Same-Sex Divorce in Colombia
Colombia’s Constitutional Court and Supreme Court have affirmed the constitutional rights of same-sex couples, including the right to divorce. The Civil provides the legal basis for divorce procedures applicable to both heterosexual and same-sex marriages. The process typically involves filing a petition in family court, citing grounds such as mutual consent or fault-based reasons, depending on the circumstances.
Divorce Procedures in Medellín
In Medellín, same-sex couples seeking divorce can opt for either mutual agreement or contested divorce:
- Mutual Consent Divorce: Both parties agree to end the marriage and submit a joint petition. This process is usually faster and less costly, requiring minimal court hearings.
- Contested Divorce: When one party does not agree to divorce or disputes arise over assets or custody, the case may take longer, and the court will evaluate the evidence to make a decision.
Legal Considerations for Gay Couples
It is important for gay couples to ensure that their marriage is properly registered and recognized by Colombian authorities to facilitate the divorce process. Additionally, issues such as division of property, child custody (if applicable), and alimony must be addressed according to Colombian family law.
Conclusion
While Colombia’s legal system provides a clear pathway for gay divorce, couples in Medellín should consult experienced family law attorneys to navigate the process effectively, especially when disputes or complex issues are involved.
If you need further consultation, please contact us
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
