Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
One common question I always get in my office during my 18 years of experience, is what kind of divorce law exists in Colombia.
Depending on the story, the evidence and the behavior of the parties, divorce in Colombia can be worked this way.
Agreement or non-contested divorce in Colombia:
Mutual consent divorce is the most common and straightforward way to end a marriage. Both spouses must reach an agreement on issues such as child custody, property division, and alimony before filing the divorce petition. They must also present a separation agreement, signed by both parties, to the Colombian notary.
The separation agreement should outline the agreed terms for child custody and visitation rights, distribution of assets and liabilities, and any financial support arrangements. If the court approves the agreement, it becomes legally binding, and the divorce process can move forward.
This process can take in 2023 around 30 days for a couple without children and up to 60 days for an agreement with children.
Trial divorce, court divorce or litigation divorce in Colombia.
If one of the spouses refuses to grant the divorce or disagrees with the terms stated in the separation agreement, a contested divorce may be sought. Contested divorces can be more time-consuming, stressful, and expensive, as they involve presenting evidence and arguments to the court to defend one’s position.
In Colombia, there are various grounds for seeking divorce, including adultery, cruel treatment, neglect, substance abuse, and abandonment, including a separation of more than 2 years. The spouse filing for divorce must provide evidence supporting their claim, and the court will consider these grounds when deciding.
When it comes to issues related to children, Colombian law prioritizes the best interests of the child. The courts strive to ensure that children maintain relationships with both parents unless there are compelling reasons not to. The court may award custody to one parent or grant shared custody, considering factors such as the child’s age, health, and personal preferences.
In terms of spousal support or alimony, Colombian law recognizes the right to economic support for the spouse who lacks sufficient income to meet their needs. The court will assess each party’s earning capacity, financial contributions, and circumstances to determine the amount and duration of spousal support.
Conclusion
I recommend to my US clients always to do their best to reach an agreement with their Colombian wives, because a trial divorce in Colombia can take months or even more, including several hearings, witnesses, depositions, and closing arguments.
This means that trial divorce can take more time, expenses, stress, and emotional consequences than a mutual agreement divorce.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
