Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
The legal process for obtaining a divorce or annulment may differ from that in the United States. American citizens seeking to end their marriage while in Colombia must be aware of the local laws and procedures governing divorce or annulment. This legal text serves as a guide for American citizens navigating the divorce or annulment process in Colombia.
Legal Grounds for Divorce or Annulment in Colombia, there are two main legal grounds for ending a marriage: divorce and annulment. Divorce is the legal dissolution of a marriage, while annulment is a declaration that the marriage was never valid. American citizens must determine whether they meet the legal requirements for either divorce or annulment under Colombian law.
In the case of divorce the common ground that I have seen in 18 years of experience are the following
- Mutual agreement. The marriage did not work, or things happened. Such as denial of a US visa for the Colombian partner.
- Extramarital sex.
- Abuse of drugs or alcohol.
- Not living together for more than 2 years.
- Abandon of US partner. Yes, Colombian wife disappears and no longer wants to talk or answer email to the US husband.
- Lately I have seen a lot of divorces because Colombian wife is/was a porn actress, an escort, webcam model.
Now for the annulment the situation is stricter.
- If partner is married before and never got divorced.
- There was no real intention to get married to the US citizen and was only for the visa. Colombian courts have started to accept this thesis, but every case is different. I would need to evaluate the story and evidence with client.
- Lack of mental capacity to accept the marriage contract.
Filing for Divorce or Annulment To initiate the divorce or annulment process in Colombia, American citizens must file a petition with the appropriate court. The petition must contain information about the parties involved, the grounds for divorce or annulment, and any other relevant details. Only a Colombian lawyer with license can file the lawsuit.
In case of divorce, there could be a previous mediation or during the trial to make the case a type of non-contested divorce.
In case of annulment, there is no mandatory mediation but depending on the cause and the evidence, lawyer can suggest it.
Division of Assets and Alimony During the divorce or annulment process in Colombia, the court will consider the division of assets and liabilities acquired during the marriage. American citizens must disclose all relevant financial information to the court to ensure a fair division of assets. The court may also order one spouse to pay alimony to the other, depending on the circumstances of the case.
In case of annulment, in general terms, there is no division of assets, but the guilty party can be sued by the innocent party for damages.
Child Custody and Support In cases involving children, the court will determine issues related to child custody and support during the divorce or annulment process. American citizens must prioritize the best interests of the children when negotiating child custody and support arrangements. The court may also appoint guardian ad litem to represent the interests of the children in the proceedings.
If you have this situation, please contact me for further consultation.
Esteban Rada
Colombian attorney
email: info@lawyerscolombia.com
telephone 57-311-7693976
