Best Divorce & Separation Lawyers in Chile

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Free Guide to Hiring a Family Lawyer

Or refine your search by selecting a city:

FGD legal
Las Condes, Chile

Founded in 2009
5 people in their team
Spanish
FGD legal ofrece la mejor experiencia de asesoría y tramitación legal a personas y empresas con un formato simple, cercano y precios conocidos. Trabajamos de manera transparente Trabajamos por transparentar el mercado. Por eso nuestros clientes reciben propuestas cerradas por el...
Iquique, Chile

English
Díaz & Colombo Abogados is a law firm based in Iquique, Chile, offering practical legal solutions through a focused practice in labor, family, criminal, contractual and administrative matters. The team serves clients in the Norte Grande region with a commitment to clarity, accessibility and...
CM&M Abogados
Santiago, Chile

4 people in their team
English
CM&M Abogados is a Chilean law firm based in Santiago Centro that concentrates on civil litigation, family law, labor matters, debtor protection and trademark issues. The firm delivers practical legal solutions across court and administrative forums and assists clients with transactional paperwork...
Ascoy & Narea Abogados
Santiago, Chile

3 people in their team
English
Ascoy & Narea Abogados is a Santiago Centro practice serving individuals and small businesses across Family Law, Employment Law, and Criminal Defense. From its office near Cerro Santa Lucia, the team combines courtroom advocacy with targeted advisory work, supported by postgraduate training in...

2 people in their team
English
Abogados Viña del Mar is a Chilean law firm based in Viña del Mar, Valparaiso Region, with more than 20 years of experience advising individuals and businesses on labor, civil, family and commercial law. The firm emphasizes practical solutions, clear strategy, and rigorous advocacy to help...
Talca, Chile

English
Abogados Del Maule is a Chilean law firm with offices in Talca and Curicó that provides integrated legal services across corporate, family, civil, labor and insolvency matters. The firm combines deep regional knowledge with a multidisciplinary team to advise individuals and businesses through...
Sièyes & Asociados - Abogados
Concepción, Chile

English
Sièyes & Asociados – Abogados is a Chilean law firm built on trust, excellence and leadership, delivering high quality services designed to meet client needs with personalized attention and a first consultation at no charge.The firm has a professional team with wide experience across diverse...
Quillota, Chile

Founded in 2022
3 people in their team
English
Irarrázabal Abogados is a multidisciplinary law firm based in Quillota, Chile, serving clients across the Valparaíso Region. The firm was founded in 2022 by lawyer Lucas Irarrázabal Gutiérrez and provides specialized legal services in corporate, labor, tax, civil, criminal and family matters...
Ramírez Legal
Concepción, Chile

English
Ramirez Legal is a Chilean law firm based in Concepción that concentrates on Employment & Labor, Family, and Criminal Defense matters. The firm delivers specialized counsel to individuals and organizations across the region, applying a systemic legal advisory model that draws on university...

English
Espinosa y Cía Abogados is a Talca-based firm serving the Maule Region with a focus on high-value tax strategy, complex economic litigation, and the protection of family and corporate wealth. Led by founder Arturo Espinosa and attorney Javier Espinosa, the team integrates legal, accounting, and...
AS SEEN ON

About Divorce & Separation Law in Chile

Divorce and separation laws in Chile are governed by the Chilean Civil Code and other relevant legislation, aiming to address both the financial and emotional aspects of ending a marriage. With the introduction of the divorce law in 2004, Chile moved from a system with no divorce to one that allows couples to legally dissolve their marriage. Key processes include "mutual agreement divorce," "unilateral divorce," and "divorce due to fault." Each process has distinct requirements and implications for property division, child custody, and alimony.

Why You May Need a Lawyer

There are several situations in which seeking legal assistance is crucial:

  • Understanding Your Rights: Divorce involves complex laws and it’s important to know your rights regarding property, custody, and support.
  • Paperwork Assistance: A lawyer can help prepare and file the necessary legal documents correctly.
  • Complex Asset Division: High-value assets or businesses can complicate proceedings, requiring professional evaluation and division.
  • Child Custody and Support: Custody battles and support calculations often require legal expertise for fair outcomes.
  • Emotional Support: Lawyers offer crucial support during an emotionally challenging time, ensuring decisions are made logically.

Local Laws Overview

In Chile, divorce law reform in 2004 introduced processes that enabled couples to legally end their marriages. The key aspects include:

  • Mutual Agreement Divorce: Both parties agree to terminate the marriage and file jointly. A minimum separation period of one year is required.
  • Unilateral Divorce: Initiated by one spouse, this requires proof of living apart for three years.
  • Divorce Due to Fault: In cases of serious marital offenses like abuse or adultery, divorce can be applied immediately without a separation period.
  • Custody and Support: Child custody is determined based on the child's best interest, while financial support obligations are calculated based on earnings and needs.
  • Property Division: Chile follows a community property system, meaning assets acquired during the marriage are divided equally unless otherwise agreed.

Frequently Asked Questions

What are the grounds for divorce in Chile?

Divorce can be requested through mutual consent, separation (unilateral), or based on fault (severe marital violations).

How long does the divorce process take?

Timelines can vary. Mutual agreement divorces might take a few months, while unilateral or fault-based divorces can take longer, depending on complexity.

Is legal separation required before divorce?

Yes, for unilateral divorces, a separation period of three years is mandatory. However, it’s one year for mutual consent.

What happens to property after divorce?

Typically, property acquired during marriage is divided equally, though prenuptial agreements can alter this outcome.

Who gets custody of the children?

Courts decide custody based on the child's best interests, often favoring joint custody if possible.

What is required for a mutual consent divorce?

Both spouses must agree to the divorce terms, including arrangements for children and property division.

How is child support calculated?

Child support is based on the non-custodial parent's income and the needs of the child.

Can I get divorced if my spouse is not in Chile?

Yes, but proceedings can be more complex and may involve international law considerations.

Is it possible to appeal a divorce decision?

Yes, like other civil rulings, divorce decisions can be appealed within a specific timeframe outlined by the court.

How can domestic abuse impact the divorce process?

Domestic abuse can accelerate the divorce process as it's considered sufficient grounds for divorce due to fault.

Additional Resources

Consider reaching out to the following for support and information:

  • Chilean Judicial Branch: Provides details on divorce proceedings and documentation.
  • Ministry of Justice and Human Rights: Offers resources and legal aid options for families in conflict.
  • Family Courts: Where divorce cases are heard; they provide guidance on procedures and necessary documentation.
  • NGOs: Several non-profits may offer legal advice and emotional support for affected families.

Next Steps

If you need legal assistance with divorce or separation in Chile, consider the following steps:

  • Consult a specialized family law attorney to understand your rights and options.
  • Gather essential documents, including marriage certificates, financial statements, and any evidence relevant to your case.
  • Consider mediation if both parties are willing, as it can simplify the process and reduce conflict.
  • Prepare for potential court appearances, if necessary, by understanding the process and setting realistic expectations.
  • Stay informed about your case and maintain open communication with your legal advisor.

Lawzana helps you find the best lawyers and law firms in Chile through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback.

Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.

Get a quote from top-rated law firms in Chile — quickly, securely, and without unnecessary hassle.

Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.