To start a divorce process in Colombia it is necessary to be clear about the types of divorce that exist and for that we help you with some information that you should not miss.
In Colombia there are two types of divorce, the first is the one that is given by mutual agreement and the one that is given without reaching any agreement.
Divorce by mutual agreement
This is the best way because it is the easiest and your request is made before a judge, in addition, there are two variants of this type.
The first is when there are no assets or children for which a dispute is entered, in addition, it is not necessary for both spouses to be present in the process; this can be done by a lawyer with a signed power of attorney.
And the second variant is when there are children and assets for which there is a dispute, between the two parties they must reach a common agreement on the alimony that the parent who does not keep custody of the child must pay.
You must also reach agreement on the percentage that corresponds to each of the assets acquired during the marriage.
express divorce
We can say that this is the most common in these times because of the speed with which the most recent marriages are separated.
in the decree 4436 of November 28, 2005the divorce was regulated by mutual agreement between the spouses before a notary and through a lawyer, this by means of a public deed.
This procedure can take from two days to a month, depending on whether or not there are minor children and this is the necessary documentation to start a divorce process in Colombia:
- A power by which the spouse or spouses authorize the lawyer to advance the divorce proceedings before the notary.
- Civil registration of birth of the spouses.
- Civil registry of birth of the children (if any).
- Photocopies of the citizenship card of the spouses.
- If there are minor children, the spouses must agree on the visitation regime, the custody of the minor and their food.
- In case of not having had children during the marriage, the maximum duration of the procedure is ten (10) days.
- In case of having children and they are minors, the procedure lasts a maximum of one month, because it will be necessary for the notary to notify the Family Ombudsman in writing about the agreement reached by the spouses for the divorce. and the latter will have 15 days to issue a concept.
Statistics say that between 2006 and 2010 more than 31,000 express divorce procedures were carried out in Colombia, being Cundinamarca, Valle and Antioquia those with the highest divorce rates.
The cost of the express divorce process in Colombia varies between 130,000 to 200,000 pesosnot counting the fees of the lawyer who mediated the same.
Additionally, to dissolve the conjugal partnership, it will be necessary to carry out the procedure concerning it, in which an inventory and quantification of all assets must be prepared.
But if one of the spouses intentionally hides any property of this conjugal partnership, he will lose his part with respect to the hidden property and must replace it twice.
For this reason, if you are thinking of starting a divorce process in Colombia, seek advice from lawyers specializing in civil law to reach a favorable agreement for both spouses.
Divorce without mutual agreement
The contentious divorce or without mutual agreement is, as its name indicates, the one that begins to be processed without the consent of one of the spouses without agreeing to carry it out.
This type of divorce is only possible to be carried out before a family judge, to whom the pertinent demand must be presented in addition to proving just cause for the judicial authority to approve it.
Batteries because this process is not short as express divorce usually is, but it is given under the conditions and regulations of the courts of our country.
It is also recommended to have more than two witnesses who give part of the facts on which the divorce petition is based. Likewise, it should be noted that the most common cause for processing this type of divorce is the separation of bodies.
The person interested in establishing a divorce claim should consult directly with a lawyer specialized in family law, in order to obtain the necessary representation in this type of procedure, since this is mandatory by law.
Within the documentation that must be attached, the following are necessary: the civil records of marriage, the birth records of the children (if any), in addition to the certificates of ownership of property belonging to the conjugal partnership.
With information from Colombia Legal