Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Lately we have received an increased number of american clients who got married in tourist trip to Colombia and never returned or kept any communication with their Colombian wives.
Now, they need a divorce because they are getting married in USA or they are claiming for social security benefits and they found that the Colombian marriage is a limitation to their project.
Navigating the complexities of divorce can be challenging, especially when it involves cross-cultural legal systems. For Americans contemplating divorce in Colombia, particularly if they have never lived with their Colombian spouse, it’s crucial to understand the legal framework and cultural nuances that may influence the process.
Overview of Divorce in Colombia
Colombian law recognizes both consensual and contentious divorce. A consensual divorce occurs when both parties agree to the terms of the separation, while a contentious divorce arises when there are disputes over issues like custody, property, or financial support.
- Legal Framework: The Colombian Civil Code governs divorce, with specific provisions .It stipulates the grounds for divorce, which can include mutual consent, abandonment, adultery, and other established reasons.
- Types of Divorce:
- Divorce by Mutual Consent: This is the most straightforward option. Both parties must agree on the divorce and the terms, which can include division of assets and child custody arrangements. This process can be expedited if the couple has been separated for more than two years.
- Contentious Divorce: If the parties cannot reach an agreement, one spouse can file for divorce based on legal grounds. This may involve a court trial, which can be lengthy and complex.
Steps to Divorce in Colombia
For an American who has never lived with their Colombian spouse, the process may seem daunting. AT RADA LAW FIRM we have provided for 20 years legal representation and help to navigate any complexities arising from your international status.
Cultural Considerations
Understanding the cultural context of divorce in Colombia can help Americans navigate the process more effectively:
- Family Dynamics: Colombian culture places a strong emphasis on family. As such, divorce can be particularly sensitive, especially if children are involved. Maintaining open communication and a respectful approach can be beneficial.
- Legal Differences: The legal process in Colombia may differ significantly from that in the U.S. For instance, while some states in America allow for quick, no-fault divorces, Colombian law may require evidence of specific grounds and for future 2025 cases a no fault divorce may be implemented however the 2 years separation cause still active.
- Language Barriers: If you are not fluent in Spanish, consider hiring a bilingual attorney or translator to assist with legal documents and court proceedings.
- No agreement. If there is no agreement, a trial divorce is mandatory. This divorce takes place in family court
- Not knowing where the Colombian wife is. This case requires mandatory by law a divorce in Court. Please contact us if you have this situation. Process is different.
Divorce in Colombia, particularly for an American who has never lived with their spouse, presents unique challenges but can be navigated successfully with the right guidance. By understanding the legal framework, seeking professional assistance, and being mindful of cultural nuances, you can ensure a smoother divorce process. Remember, each situation is unique, and having a knowledgeable attorney by your side can make all the difference in achieving a fair resolution.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
