Esteban Rada
Colombian attorney
www.lawyerscolombia.com
email: info@lawyerscolombia.com
telephone 57-311-7693976
The legal procedure of divorce in Colombia is a well-defined process governed by the Colombian Civil Code and Colombia Family Law. Divorce, either by mutual consent or contentious, requires compliance with specific legal requirements and procedures to ensure a fair and just resolution of the marriage dissolution.
To initiate the COLOMBIA divorce process, either party can file a petition before a Family Court, which must have jurisdiction in the place where the parties reside or where they last cohabited.
In the case of mutual consent, both spouses must agree to end the marriage. They must present a joint request explaining the reasons for the divorce, the division of assets, the child custody arrangement (if applicable), and any other relevant issues, this specific situation the divorce in Colombia can be done with a Colombian notary which is a faster procedure.
In Colombia´s trial divorces, where both parties do not agree on the terms of the divorce, the process can be lengthier and more complex. The filing spouse must submit a complaint, providing the reasons for the divorce and highlighting any grievances related to property distribution, child custody, alimony, or other relevant matters. The Colombia Family court will then serve the complaint to the other spouse, who must respond within a specific timeframe.
After receiving the response, the Colombia family court will schedule a hearing to allow both parties to present their arguments and evidence. The judge will carefully evaluate all aspects of the case, including the wellbeing of any children involved, before deciding. The judge can order mediation or counseling sessions to encourage a mutual agreement, especially when children are at stake.
During the Colombia divorce process, the court will oversee the division of assets and liabilities acquired during the marriage. The general principle is to distribute property and debts equitably, considering factors such as the spouses’ contributions, duration of the marriage, earning capacity, and needs.
If there are children from the marriage, the court will prioritize their best interests in determining child custody, visitation schedules, and child support obligations. The judge will assess various factors, such as the child’s age, health, living conditions, and education, to ensure a suitable arrangement that promotes their welfare.
Once the court issues a divorce decree, it becomes final and legally binding. The marriage is dissolved, and both parties are free to remarry if they wish.
It is essential to consult with a qualified attorney throughout the divorce process to ensure compliance with all legal requirements and protection of your rights. The attorney will guide you through the legal proceedings, negotiate on your behalf, and assist in achieving a fair resolution.
Esteban Rada
Colombian attorney
www.lawyerscolombia.com
email: info@lawyerscolombia.com
telephone 57-311-7693976
