Esteban Rada
Attorney in Colombia
Email: lawyerscolombia@gmail.com
tel +57-3117693976
NO FAULT DIVORCE – irreconcilable differences.
I have been receiving several requests of clients, who have been separated from their Colombian wives, but the women don’t want to sign the divorce and they have heard that there is a law for no fault divorce or irreconcilable differences.
Now, This project of law has been accepted in the different stages at the Colombia congress and its main mission is to modify the current fault scheme for divorce to proceed in the country, transitioning to an no fault divorce or irreconcilable differences divorce scheme but at the moment is the no fault divorce is not active except when there is agreement or physical separation of more than 2 years
In this way, the future law allows any spouse to request a divorce unilaterally and without the need to agree with the other party. With this modification to the civil code, in these separation processes, the judge will only have to decide on the legal consequences of the divorce, such as the fixing alimony quotas, the liquidation of the conjugal partnership, the care and upbringing of minor children, if any, etc.
It is a reality that there are marriages that are going through insurmountable crises, which is why the new law wants to provide spouses with tools so that they can restore their personal lives in a more efficient, less expensive way than at present and in accordance with the rights to free development of personality. , private autonomy and human dignity.
What I recommend to all clients is that while the project of law is approved by congress and we don’t have an effective date, we can manage and preparing the case with use of mediation, arbitration and pretrial negotiations in order to get a non contested divorce that takes 30 days to be process.
Now, there are cases that they started as a trial divorce because there was never an agreement and at the end, there is one mediation at court and express divorce is granted by the judge in the same hearing.
You don’t need to live with a family problem with a Colombian wife, you can contact me and I will analyze the case and look for the best option and time frame.
Esteban Rada
Attorney in Colombia
Email: lawyerscolombia@gmail.com
tel +57-3117693976
www.lawyerscolombia.com
