Esteban Rada
Colombian attorney
www.lawyerscolombia.com
email: info@lawyerscolombia.com
telephone 57-311-7693976
As an attorney with 17 years of experience I have seen how US clients who got married in Colombia and took their wives to the US, found themselves in a nightmare when they realize that their Colombian woman has left their home once she got her green card.
This is very common, and I Have seen all kind of stories. From the one that the Colombian woman had other US man waiting for her in USA, following to the one that the woman knew a richer and younger man in the US, and he promised he would take better care of her and the last one is that everything was planned by her to get the green card and move forward and left the husband.
I know this is devasting but in legal action I take care of my US client and I recommend immediately to file for a divorce in Colombia.
Due to the marriage was celebrated in Colombia and the wife is Colombia, the family courts in Colombia maintain jurisdiction over the case and lawsuit can be file.
Now, what type of lawsuit should I file? Asking for a Colombian divorce or a Colombian annulment of marriage.
Every case is different and strategic can change but in general terms I recommend the following.
- If she left home and the marriage is recently new, or she got in the US recently after the wedding, the best option is tried for an annulment. The idea is to prove she was only after the green card and not the real commitment of marriage.
- Now, if there has been more than 1 year living in USA and she leaves home, it is better to file for a Colombian divorce having as cause the ground of abandonment.
How is this divorce process done in Colombia when my wife abandoned me in USA?
The law is clear that in this type of cases when Colombian wife has left or abandoned marital home in US, the procedure of Colombian divorce only can be done in Colombian family courts. We would need to file a lawsuit and attend hearings but in my 17% years of experience, I have won all cases who had this story and US client have been able to continue their lives.
Can I do the divorce when she abandoned me using a Colombian notary?
The answer is always NO, the divorce with Colombian notary requires both signatures. Now if she appears and decides to sign, the divorce can be done in notary or if the Colombian divorce case under the ground of abandonment of marital home is pending in Colombia family court, judge can proceed with the divorce asap.
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
www.lawyerscolombia.com
email: info@lawyerscolombia.com
telephone 57-311-7693976
