In Colombia, there are different types of divorce, each with its own characteristics and legal requirements. The differences between different types of divorce are described below:
Divorce by mutual consent
Also known as an amicable divorce, it is one in which both parties agree to end the marriage and have reached agreements on the relevant issues, such as child custody, division of property and alimony payments. This type of divorce can be notarized.
This type of divorce by mutual consent is carried out before a notary public. Both parties file a written agreement setting forth the terms and conditions of the divorce, including division of property and custody of children, if any. The notary verifies that the agreement complies with the legal requirements and proceeds to grant the public deed of divorce.
It is a quick and simplified form of divorce, also based on the mutual agreement of the parties. This type of divorce is notarized and is characterized by its agile processing, avoiding lengthy and costly processes due to the fact that there are no children and no assets were acquired in the marriage.
Unlike a divorce by mutual consent, in this case only one of the parties wishes to end the marriage, while the other party opposes or disagrees. The party interested in the divorce files a complaint before a family judge, arguing the reasons for requesting the dissolution of the marriage. The judge will evaluate the circumstances and make a decision based on the law and the interests of both parties, including child custody and division of property.
This type of divorce refers to cases in which elderly couples terminate their marital relationship after many years of marriage. Although there is no specific legal figure for gray divorce in Colombia, it is possible that the parties involved decide to seek a legal separation either by mutual agreement or through contentious divorce.
In a nutshell
The main differences between these types of divorce lie in the form of processing, the legal requirements and the necessary agreements between the parties. While mutual consent and notarial divorce are more agile and consensual options, unilateral divorce involves a more complex legal process and decision-making by a judge. Express divorce, on the other hand, stands out for its speed and procedural simplification. Gray divorce, although it has no specific legal regulation, involves resolving outstanding issues out of court or through mediation.