Differences between uncontested divorce and contentious divorce

In Colombia, there are different ways to carry out the divorce process. Two of the most common options are uncontested divorce and contentious divorce. These two approaches represent different dynamics and pose different legal and emotional challenges for the parties involved. This essay will explore the fundamental differences between divorce by mutual consent and contentious divorce in the Colombian legal context.

Contentious divorce

A contentious divorce is one in which there is no agreement between the spouses as to the terms of the separation. In this case, a judicial process is used to resolve the differences and make decisions on aspects such as child custody, distribution of assets and payment of alimony. The main characteristics of contentious divorce are:

• Conflicts and disagreements: the spouses do not agree on the terms of the separation and, therefore, the intervention of a judge is required to make decisions.
• Increased time and costs: the judicial process can be longer and more costly due to the need to gather evidence, attend hearings and wait for the judge’s decision.
• Intervention of the judge: the judge has the authority to make decisions on the litigious aspects of the divorce, based on the evidence presented by both parties.
• Representation: eachspouse must have a lawyer.
• Time: is a longer process and contains more formalities, so it can take months.

Divorce by mutual consent

Divorce by mutual consent, as the name implies, occurs when the spouses agree to end the marriage and have reached a consensus as to the terms of the separation. The main characteristics of divorce by mutual consent are: