Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Divorce can be a complex and emotionally taxing process, especially for American citizens living abroad. When an American and Colombian couple decides to divorce in Colombia, several legal considerations must be addressed, including jurisdiction, applicable laws, and the division of assets. This article aims to provide an overview of the divorce process in Colombia for American expatriates, highlighting key legal aspects that need to be understood.
- Jurisdiction and Applicable Law
- Establishing Jurisdiction: For a divorce to be legally recognized in Colombia, the courts must have jurisdiction. Jurisdiction can be established based on residency, nationality, or the location of marital assets. Under Colombian law, if one of the spouses has resided in Colombia or the marriage was done in Colombia is enough to accept jurisdiction.
- Applicable Law: The divorce process in Colombia is governed by Colombian law. However, if the couple has assets in the United States or if one spouse is a U.S. citizen, conflicts of law may arise. That’s why it is important to have a consultation with RADA LAW FIRM.
- II. Types of Divorce in Colombia
Colombian law recognizes two types of divorce:
- Contested Divorce: This occurs when both spouses cannot agree on the terms of the divorce, such as asset division, alimony, or child custody. A contested divorce typically involves litigation and can take longer to resolve.
- Uncontested Divorce: An uncontested divorce occurs when both parties agree on all terms, including the division of assets and custody arrangements. This process is generally quicker and less expensive.
- Unilateral Divorce: When one spousal states that he/she is not longer interested in continue the marriage and request the court to get a divorce judgment.
Child Custody and Support
When children are involved, custody arrangements must be addressed during the divorce process. Colombian courts prioritize the best interests of the child when making custody determinations. American citizens must be aware that Colombian custody laws may differ significantly from those in the U.S.
- Custody Arrangements: Joint custody is common in Colombia, but sole custody may be granted based on circumstances. The court may also require a parenting plan that outlines the responsibilities of each parent.
- Child Support: Child support obligations will be determined by the court, considering the income of both parents and the needs of the child. American expats should be aware that child support orders issued in Colombia may be enforceable in the U.S.
- Division of Marital Property
Colombia follows the principle of “sociedad conyugal,” or community property, which means that most assets acquired during the marriage are considered joint property. When dividing assets, the court will consider various factors, including each spouse’s financial contributions and the needs of any children involved.
Conclusion
Divorcing in Colombia as an American citizen living abroad involves navigating a complex legal landscape. It is crucial for expatriates to understand the local laws, procedures, and potential cross-border implications. Consulting with RADA LAW FIRM with 20 years experienced in both Colombian and U.S. family law can provide valuable guidance, ensuring that the divorce process is as smooth and equitable as possible. By being informed and prepared, American expatriates can successfully navigate the challenges of divorce while living abroad
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
