Divorce gay in Colombia

Esteban Rada

Colombian attorney

www.lawyerscolombia.com

email: info@lawyerscolombia.com

Tel 57-604-2682435

Since 2017, gay marriage is allowed in Colombia without any kind of restriction, except for adoption of children.

Now, in my law firm we started to receive cases of divorces of gay couple, specially, when they are living outside Colombia or one of the partners is foreign.

Here is a brief summary of types of divorces.

  1. Non contested or mutual agreement divorce.

Done in a notary and filed by a lawyer (you can’t do it yourself), this is the fastest way to get divorced. With the pandemic, it is taking 30 days once documents are filed by your lawyer and requires almost same paperwork as if it was a marriage.

  • Birth certificates.
  • Marriage certificates.
  • Copy of identification.
  • Power of attorney and agreement of divorce done by the lawyer and signed by you.
  • Copy of prenuptial agreement.
  • This requires that you and your mate agree to get divorced.
  1. Contested or trial divorce.

When there is no agreement, only a family judge can decide if there is a ground for divorce.

There are 8 causes for divorce, but you need to request a consultation with your lawyer to understand which one fell more appropriate to your case and what evidence you have to support your petition.

Because it is a trial divorce, there will be hearings, testimony, expert witness and appeals.

An average time depends a lot in the city and in the court; average goes from minimum 4 months to 1 year.

If there are assets, it will require another case called liquidation of assets. This procedure is different than the divorce.

My suggestions always is to reach an agreement in this specific items

  1. Alimony
  2. Distribution of assets.

For further information, don’t hesitate to contact me

Esteban Rada

Colombiano attorney

www.lawyerscolombia.com

email: info@lawyerscolombia.com

Tel 57-604-2682435

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