Best Divorce & Separation Lawyers in Colombia

About Divorce & Separation Law in Colombia, Colombia

Divorce and separation in Colombia are governed by Colombian family law, specifically Law 979 of 2005. This law outlines the legal procedures and requirements for couples seeking to end their marriage or separate legally. In Colombia, divorce is referred to as "disolución del vínculo matrimonial" (dissolution of the marital bond) and can be obtained through either a judicial or administrative process.

Why You May Need a Lawyer

While it is possible to navigate the divorce process in Colombia without a lawyer, having legal representation can help ensure that your rights are protected and that the process goes smoothly. A lawyer can help you understand the legal requirements, assist with negotiations, and represent you in court if necessary. Additionally, if you and your spouse have children or significant assets, a lawyer can help you navigate complex legal issues and ensure that your interests are taken into account.

Local Laws Overview

In Colombia, divorce can be granted on either a no-fault or fault-based basis. No-fault divorce allows couples to end their marriage without having to prove that one party is at fault. In contrast, fault-based divorce requires one party to prove that the other has committed a serious violation of the marital duties, such as adultery or abandonment. Additionally, Colombia recognizes legal separation, which allows couples to live apart while remaining legally married.

Frequently Asked Questions

1. How long does it take to get a divorce in Colombia?

The time it takes to finalize a divorce in Colombia can vary depending on whether the divorce is uncontested or contested. An uncontested divorce typically takes between three to six months, while a contested divorce can take longer due to legal proceedings and negotiations.

2. What are the grounds for divorce in Colombia?

Colombia allows for both no-fault and fault-based divorce. No-fault divorce can be granted if the spouses have been separated for at least two years. Fault-based divorce can be granted for reasons such as adultery, abandonment, or abuse.

3. Do I need to be a Colombian citizen to get a divorce in Colombia?

No, you do not need to be a Colombian citizen to get a divorce in Colombia. However, you must meet the residency requirements, which typically involve being a resident of Colombia for a certain period of time.

4. How is property divided in a divorce in Colombia?

In Colombia, marital property is typically divided equally between the spouses. However, spouses can also agree to a different division of property through a separation agreement or a court order.

5. Can I get alimony or spousal support in Colombia?

Yes, spouses in Colombia may be entitled to alimony or spousal support following a divorce. The amount and duration of alimony payments are determined based on factors such as the length of the marriage, each spouse's financial situation, and any agreements made between the parties.

6. Can I change the terms of my divorce settlement after it is finalized?

It is possible to modify the terms of a divorce settlement in Colombia, but it can be a complex legal process. Any changes to the settlement must be approved by a court and typically require demonstrating a change in circumstances that warrants modification.

7. Can I represent myself in a divorce case in Colombia?

While it is possible to represent yourself in a divorce case in Colombia, it is recommended to seek legal representation to ensure that your rights are protected and that the process goes smoothly. A lawyer can help you navigate the legal requirements and advocate for your interests.

8. What is the difference between divorce and legal separation in Colombia?

Divorce legally ends a marriage, allowing both parties to remarry. Legal separation, on the other hand, allows couples to live apart while remaining legally married. During a legal separation, spouses may address issues such as child custody, visitation, and spousal support without finalizing the divorce.

9. Can I get a divorce in Colombia if my spouse does not agree?

Yes, it is possible to get a divorce in Colombia even if your spouse does not agree. In such cases, the divorce may be granted on fault-based grounds, such as abandonment or separation, without the need for both parties to consent.

10. How can I find a lawyer for my divorce case in Colombia?

You can find a lawyer for your divorce case in Colombia by contacting the Colombian Bar Association or seeking recommendations from friends, family, or legal resources. It is important to choose a lawyer with experience in family law and divorce cases to ensure that your case is handled effectively.

Additional Resources

If you are in need of legal assistance for a divorce or separation in Colombia, you may consider contacting the Colombian Bar Association or organizations such as the Colombian Family Lawyers Association. These resources can help connect you with experienced lawyers who can assist you with your case.

Next Steps

If you are considering a divorce or legal separation in Colombia, it is recommended to consult with a qualified family law attorney to discuss your options and ensure that your rights are protected. A lawyer can guide you through the process, help you understand your legal rights, and advocate on your behalf in court if necessary. Remember that seeking legal advice early on can help make the divorce process smoother and less stressful for all parties involved.