Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
Divorce is a challenging and emotional process, especially when it involves international considerations and differing citizenships. For American citizens married to Colombian spouses, navigating divorce in Colombia can become more complex if one partner is unwilling to travel to the United States. This article outlines key considerations and steps to take for U.S. citizens confronting this scenario.
In Colombia, divorce can be initiated through both administrative and judicial procedures. The process can vary based on circumstances, including mutual consent, separation periods, and the involvement of children. Colombian law recognizes the concept of «liquidation of the marital property,» which involves distributing assets and debts acquired during the marriage.
When beginning the divorce process, it’s crucial to ensure that you understand the legal framework in Colombia. The divorce process typically involves:
Grounds for Divorce: In Colombia, divorces can be based on various grounds, including mutual consent, abandonment, infidelity, or separation for a year or longer.
Asset Distribution: Colombia follows the community property principle, which means that assets acquired during the marriage are generally shared. It’s important to have documentation of shared assets and debts to facilitate the divorce.
The Challenge of Reluctance to Travel
If your Colombian spouse does not want to travel to the U.S. for the divorce proceedings, it is important to understand that Colombian law allows for processing divorce cases within Colombian jurisdiction.
Mutual Consent Divorce: If possible, try to negotiate a mutual consent divorce. This approach can be less adversarial and might ease the process. If your spouse doesn’t agree to travel but is open to a divorce, consulting with a lawyer may help facilitate a smoother agreement.
Final Considerations
Divorce across international borders can be a convoluted experience, especially when one partner is reluctant to cooperate regarding travel. As an American citizen, you have the right to seek a divorce in Colombia without requiring your spouse’s presence in the U.S.
Engaging professionals experienced in international law can help ensure that your interests are protected, especially if there are children or significant assets involved. Remember to remain patient and adaptable, as legal processes can often take time, particularly when navigating the intricacies of dual citizenship, residency, and cultural differences.
In conclusion, while it may seem daunting, understanding the legal landscape and preparing effectively can lead to a successful resolution to your divorce in Colombia, allowing both parties to move forward.
If you need further information, don’t hesitate to contact me
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
