Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
For US clients who may be considering or currently navigating divorce proceedings in Colombia in the year 2023, it is essential to have a comprehensive understanding of the grounds for divorce under Colombian law. Colombian divorce law differs in some aspects from the legal frameworks followed in the United States. This article aims to shed light on the grounds of divorce in Colombia with a focus on providing information that will assist US clients in the process.
No-fault Divorce
Similar to many US states, Colombia recognizes no-fault divorce. This means that divorce can be granted without placing blame on either spouse or presenting evidence of wrongdoing. The key requirement, however, is that the marriage is «irremediably broken» with no possibility of reconciliation. Parties can choose to divorce amicably by mutual agreement or can initiate the process unilaterally based on personal decision.
Duration of Separation for No-fault Divorce
In Colombia, unlike some US states with specific timeframes, there is a 2 YEARS mandatory separation period for a no-fault divorce. However, the parties must prove that the breakdown of the marriage is irreversible. This can be established by demonstrating the living separate and apart for an extended period, typically subject to interpretation on a case-by-case basis.
Adultery
Under Colombian law, adultery is recognized as a valid ground for divorce. A spouse can initiate divorce proceedings based on the unfaithfulness of their partner. Evidence of an extramarital affair, such as photographs, hotel receipts, or witness testimonies, may be required to prove adultery.
Domestic Violence and Abuse
Colombian law also allows divorce on the grounds of domestic violence and abuse. If a spouse has been subject to physical, emotional, or sexual abuse, they can seek a divorce based on the abusive behavior of their partner. Documentation, such as medical reports, police reports, or statements from witnesses, can be crucial in substantiating the claim.
Mutual Consent
Colombian law provides for divorce by mutual consent, also known as «divorcio de común acuerdo.» If both parties agree to end the marriage and can reach an agreement on matters such as property division, child custody, and alimony, they can submit a joint petition for divorce. This process is generally quicker and can save significant time and legal expenses.
Conclusion
Understanding the grounds of divorce in Colombia is vital for US clients seeking to go through the legal process in the country. Colombian law recognizes no-fault divorce without mandatory separation periods, provided the marriage is irreparably broken. Additionally, grounds such as adultery and domestic violence can serve as solid reasons for divorce. Parties can also opt for divorce by mutual consent, enabling a more amicable and expeditious dissolution of the marriage.
In my firm we have been providing during 18 years to US clients contemplating divorce in Colombia the guidance to ensure that the divorce process proceeds smoothly and to their satisfaction, taking into account both Colombian and US legal considerations.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
