Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
This legal text provides a concise overview of the divorce process in Colombia for American citizens. It outlines the key legal requirements, procedures, and implications of obtaining a divorce in Colombia. Please note that the information provided here is a general guidance and consultation with one of the attorneys of RADA LAW FIRM to get specific information about your case.
The Colombian legal system recognizes jurisdiction over divorces for foreign citizens residing in Colombia, including American citizens, even further if the marriage was celebrated in Colombia but any or both parties don’t live in Colombia, divorce CAN STILL BE DONE. THERE IS NOT divorcing parties residency requirements before initiating divorce proceedings.
Grounds for Divorce: Colombia follows both “ fault” and “no-fault” divorce system. The law allows for divorce when the marital relationship is irreparable or one of the spouses expresses their intention to dissolve the marriage. It is not necessary to prove any fault or wrongdoing to obtain a divorce. The parties can simply agree to end the marriage or show that it has irretrievably broken down.
For afault divorce, a cause and evidence must be introduced in family court in order to have the judge dissolved the marriage and declare who was guilty of breaching the marriage contract.
Filing for Divorce: To initiate the divorce process, a formal application must be filed before the Family Court (Juzgado de Familia) in the jurisdiction where either of the spouses resides or the last place of residence if both live outside Colombia. The application must include personal details of the parties, marriage information, and a statement indicating the intention to divorce. Additionally, relevant supporting documents, such as a marriage certificate, should be attached to the application. The divorce lawsuit can only be done by a lawyer. No pro se representation is allowed.
Mediation and Conciliation: Colombian law supports mediation and conciliation attempts before the divorce process can proceed. The parties, accompanied by their attorneys, must attend mediation sessions conducted by the Family Court. The objective of these sessions is to facilitate an agreement on the division of assets, child custody (if applicable), and any other pertinent issues.
Division of Assets: Colombian law follows the principle of equitable distribution of marital property. Marital assets acquired during the marriage can be subject to division between the spouses. Such assets can include real estate, vehicles, bank accounts, investments, and other properties. Any prenuptial or postnuptial agreements, if applicable, may influence the asset division process.
Child Custody and Support: If the divorcing couple has children, the court will determine child custody, visitation rights, and child support. The court’s primary consideration is the best interests of the child. Both parents may present evidence to support their desired custody arrangement, but the court will ultimately decide based on the child’s welfare.
Legal Effect and Recognition: Following the completion of the divorce process, a divorce decree will be issued by the Family Court. This decree serves as legal proof of the termination of the marriage. It is advisable to obtain an official English translation of the divorce decree accompanied by an apostille for recognition and enforcement in the United States.
Obtaining a divorce in Colombia for American citizens involves adhering to specific legal procedures, including meeting residency requirements, mandatory mediation sessions, and equitable distribution of marital assets. The assistance of an attorney experienced in Colombian family law is crucial to navigate through the divorce process, ensure legal compliance, and protect your rights and interests.
If you need assistance , don’t hesitate to contact us.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
