Esteban Rada
Colombian Attorney
www.lawyerscolombia.com
Email: info@lawyerscolombia.com
Telephone: +57-311-7693976
As a Colombian attorney with 20 years of experience, I frequently receive inquiries about divorce laws in Colombia. The process can vary significantly based on the specifics of each case, including the circumstances of the parties involved.
Types of Divorce in Colombia
Mutual Consent Divorce (Non-Contested Divorce)
The most common and efficient method to dissolve a marriage in Colombia is through mutual consent. This requires both spouses to agree on key aspects such as child custody, asset division, and alimony before formally filing for divorce. A separation agreement, duly signed by both parties, must be presented to a Colombian notary.
This agreement should specify arrangements for child custody and visitation, distribution of properties, and financial support. Once the court approves the agreement, it becomes legally binding, allowing the divorce process to proceed smoothly.
As of 2025, the timeline for this process typically takes about 30 days for couples without children, and up to 60 days for couples with children.
Contentious Divorce (Trial Divorce)
In cases where one spouse disagrees with the divorce or the terms outlined in the separation agreement, a contested divorce may be necessary. This route is generally more complex, lengthy, and costly, as it requires the presentation of evidence and arguments in court to substantiate one’s position.
Colombian law provides various grounds for seeking a contested divorce, including adultery, physical or emotional abuse, neglect, substance abuse, and abandonment (which includes a separation period of more than two years). The spouse initiating the divorce must present evidence to back their claims, which the court will consider in its ruling.
When it comes to children, Colombian law emphasizes the importance of their well-being. Courts aim to uphold the child’s right to maintain relationships with both parents, except in cases where there are compelling reasons to restrict this. Custody may be awarded to one parent or shared, depending on various factors such as the child’s age, health, and personal preferences.
Irreconcilable Differences: A Cause for Divorce in Colombia in 2025
Irreconcilable Differences law still under study by Colombia congress and I believe around mid 2025 we will have the law however judges accept the argument if evidence of cause 1,2 or 3 is attached to the lawsuit of divorce and initially a mediation is required before going to court.
Spousal Support and Alimony
Colombian law enforces the right to economic support for a spouse who may not have adequate income to support themselves. Courts will evaluate the financial situations of both parties, their earning potentials, and contributions to determine the appropriate amount and duration of spousal support.
Conclusion
For my U.S. clients, I strongly advise attempting to reach an amicable agreement with their Colombian partners. Opting for a trial divorce can lead to extended timelines, significant expenses, and emotional strain due to the multi-step court process, which may involve numerous hearings and witness testimonies.
Esteban Rada
Colombian Attorney
www.lawyerscolombia.com
Email: info@lawyerscolombia.com
}Telephone: +57-311-7693976
