Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
One common consultation I have with US client who is getting divorce in Colombia is how difficult is the process and if it is better to get the divorce done in US.
In this article I want to write some notes and explain what 17 years of experience has taught me about a divorce of US citizen in Colombia.
- Did you get as a US citizen get married in Colombia?
If the answer is YES, the divorce should be done in Colombia. Despite what Americans lawyers tell you that the US divorce is valid, the truth is that the US divorce judgment won’t be accepted in Colombia unless you do a homologation in the Colombia Supreme Court.
It is not an easy and cheap process. It takes time and effort.
- Is there an agreement with your Colombian wife?
Having an agreement regarding the divorce and liquidation of properties (If any) or the custody of child (if any) makes the process of divorce easier in Colombia.
The divorce for the US citizen can be done in Colombian public notary and with a mx 60 days’ time.
- I live in USA so my Colombian wife, she decided to leave the home. Where do I get divorce?
If you got married in Colombia, the answer is US citizen gets divorce in Colombia.
Other story is if you met your wife in the US and got married there. In that situation, yes, divorce would be in US.
- I don’t live in Colombia. I am a US citizen and I want to get divorced of my Colombian wife.
The answer is this way.
If you got married in Colombia, the divorce in Colombia for you as US citizen can be done. Depending on the situation could be Colombian notary or Colombia family court.
If you did not get married in Colombia and wife is in US and got married in USA, the divorce in USA is the one that applies.
If you got married in USA and wife returned to Colombia, then Colombia can have jurisdiction over the case.
- Got married in Colombia, both live now in USA.
Still the divorce as US citizen would be in Colombia. It doesn’t matter if you and your wife is in USA. The jurisdiction that applies for you as US citizen divorcing, is Colombia, the Colombian family court takes the divorce and process It for you.
In this type of divorce, you as US citizen divorcing in Colombia, don’t need to appear o visit Colombia. Everything will be handled online or by mail.
I understand that each case is different, and the US citizen may have questions about the process and its requirements.
Please feel free to contact me for further information.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
