Types of Divorce

There are two ways for divorcing in Colombia:

NOTARY ( there is mutual agreement)

The application for divorce before a notary must be submitted through a LAWYER ENTITLED TO CURRENT LICENSE.

Notarized divorce has two variants,

Divorce without having procreated children and without obtaining properties within the conjugal society:

In this variant, divorce is when the spouses have agreed to end their relationship, for which, the lawyer, to undertake the necessary documents to start the whole process before a notary in Colombia whichever raise deed which must contain:

  1. The spouses must sign a divorce agreement and a special power of attorney is granted to perform all the divorce, even to sign the deed of divorce on the notary.
  2. It is not necessary that both spouses are in Colombia or in the same city, even when one or both outside the country, can make the divorce, being resident in countries that are part of the agreement Beech (apostille). http://www.ba.unibo.it/risorse/files/paises-convenio-haya
  3. With divorce must settle the community property assets. This is separate to divorce and requires an additional process. The price is based on the number and value of properties in common, not having property was liquidated and dissolved the community property to zero.
  4. The public deed must contain if there will be maintenance obligations between spouses and management of coexistence between them in the future.

Divorce existence of children and existence of properties within the conjugal society:

In this variant, plus the spouses have agreed to end the relationship, and the distribution of the assets of the marital partnership, is the subject of minor children, who should be treated with care and attention, and that eating agreements between parents of minor children, must be taken into account the following:

  1. The spouses must sign a divorce agreement and a special power of attorney is granted to perform all the divorce, even to sign the deed of divorce on the notary, but also must sign an agreement child support , which must contain, among others; who have direct personal care and custody of minors (provided that in Colombia there is no joint custody), where the child will live, street address, as the costs of health, education, housing, recreation and clothing will be covered of minor children, the point value of the amount of alimony and how, when and where you pay for the fulfillment of financial obligations by the obligor. (parent not living with the children or do not have your custody).
  2. The subscribed food agreement between the two parents, will be filed by the attorney together with the power and the divorce agreement before the notary, who in the relevant legal review, and verifying that all documents are in order, proceed send the defender of family Colombian Family Welfare Institute (ICBF), which inspected the agreement with the main precept welfare of minor children, and then proceed to issue a favorable opinion, to issue this concept, the law grants the official, fifteen (15) working days to issue the concept.
  3. In food visitation agreement, which will contain also regulate, days and hours in which the obligor parent to visitation with their children, also regulate the vacation months, special dates, breaks, as well as the date of Christmas and New Year, all this in order that specifically stated and will be held this time in the company of children, and to avoid arbitrary exercise of custody of them, by either parent.
  4. Keep in mind that the food agreement provides executive merit, means that in case of default, the document entitles the parent who has custody of the children, to sue before the family court, that is comply with the obligations contained in the. Giving the defender of family friendly food concept agreement will proceed to sign the divorce.
  5. If there are material properties in the conjugal union, the law expressly states that were liquidated in fifty percent (50%) in assets and fifty percent (50%) in liabilities, for both parties, but considering that this divorce is by mutual consent, the spouses can make the division of property as the two have.
  6. It is not necessary that both spouses are in Colombia or in the same city, even when one or both outside the country, can make the divorce, being resident in countries that are part of the agreement Beech (apostille). http://www.ba.unibo.it/risorse/files/paises-convenio-haya
  7. With divorce must settle the community property assets. This is separate to divorce and requires an additional process. The price is based on the number and value of properties in common, not having property was liquidated and dissolved the community property to zero.
  8. The public deed must contain if there will be maintenance obligations between spouses and management of coexistence between them in the future.

IN A JUDGE OF FAMILY: (When no agreement)

It begins when one of the spouses do not want to make divorce by mutual agreement, it may also be because one of the spouses invoke one of the following reasons, and of course, has the try.

May only be commenced this process and have a successful end, that is, the decree of divorce by the judge, if any of these causes and can legally prove:

  1. extramarital sex of one spouse.
  2. The serious and unjustified failure by either party to the duties imposed by law as husbands and fathers.
  3. outrages, cruel treatment and mistreatments of work.
  4. The habitual drunkenness of one of the spouses.
  5. Regular use of hallucinogens or narcotics without medical prescription
  6. Any serious and incurable illness or physical or psychological abnormality of one spouse, that endangers the mental or physical health of the other spouse and the marital community impossible
  7. Any behavior of one spouse tending to corrupt or pervert the other, or a descendant or people in their care and live together under one roof.
  8. The separation, legal or factual, which has lasted for more than two years.
  9. The consent of both spouses, expressed before a competent judge and recognized by it by decision.
  10. Jealousy as grounds for divorce. (Judgment T-967/14) “The state of tension, anxiety, isolation, nervousness and deconcentration at work generated by the unhealthy and aggressive jealousy of the couple are shown psychological abuse to which the other party it was submitted. Therefore, was itself demonstrated the alleged causal, “said the court in its ruling. Henceforth jealousy they are considered in the abuse and bullying, which themselves are reason to call for the separation.

The divorce at the family court, is a claim as such, it is a dispute where the parties face to obtain a divorce, there is a guilty party and an innocent spouse, if the causes that gave rise to the divorce is fully tested, the judge decreed otherwise not, the process may take between eight (08) months and one (01) years, depending on the office which sent the process there.

The application shall be drawn up by a lawyer, who carried out the entire process, attend hearings, witnesses bring to the process provided by the plaintiff and develop the closing arguments, that in the end the judge delivered judgment. You can also seek injunctive lawyer before initiating the process, to look after the assets of the marital partnership, and not allow them to be sold by any of the spouses.

The judge having decreed divorce, order the respective notary make appropriate entries in the birth certificates of the former spouses, for the record the same, declaring the dissolution of the conjugal society, ready to liquidate the conjugal society, the applicant shall forward a different process.