divorce in Colombia

The Divorce in Colombia

Last week in my post I wrote about the annulation of a marriage, because so many people wrote me doubts about legal aspects, today I will explain what a divorce is and the causes to ask for it.

According to article 154 of the Colombian Civil Code, the divorce is a way to end the link created by the marriage. The law 25/92 explains which the causes are:

1. Sexual relations outside the marriage.
2. violence, cruel behavior or injuries to the partner
3. getting drunk many times during the week ( it is not a joke, and many women based their lawsuit in that cause and they win)
4. The use of illegal drugs
5. Terminal sickness such as aids, cancer, etc
6. Pervert behavior to his/her partner or their children
7. when the couple has lived 2 years separated
8. Mutual agreement
9. Being irresponsible with the home duties.

The divorce only can be asked for the person who did not cause the situation and the term is 1 year since the time he or she knew about it, the cause 1 and 6 can be asked during the 2 years after the knowledge

Effects of the divorce

1. The civil link stops and the marital society becomes ready to liquidate, situation that is done in a different process.
2. The custody is defined for the children of the couple
3. the party declared guilty will have the obligation of alimony

Divorce outside Colombia

The divorce outside Colombia of a marriage celebrated in Colombia will be accepted only if the cause in which the judge based the sentence exists in Colombia law and the rights of defendant have been exercised.

Types of Process:

1. Mutual agreement: It can be done in a Court of the city in which the couple lives or if one of the parties is outside the county, the competence is for the court of the city in which the plaintiff.

Notary: it can be done in any notary of Colombia but only for mutual agreement divorce. In case the couple has children, the family defender of the city in which the kids live, have to be noticed and accept the agreement about custody.

2. Court: For cases in which one of the parties wants to receive alimony because he or she considers that the mate was the person who caused the divorce and is the guilty of the break up. The competence is similar for the mutual agreement process in Court.

If you are having legal problems related to the article’s topic, please consult an attorney for special counseling

Next week: separation of bodies

Esteban R.
lawyerscolombia at yahoo.com

By lawyer CO on Apr 21, 2007, 08:53 in Friendly Talkzone.