Expert Express Divorce Lawyers in Colombia

The divorce can be notarized as long as both parties reach an agreement, which is much simpler if the couple did not have children or acquired assets, only having to agree on wanting a divorce. When this happens, the process is greatly accelerated and we talk about **express divorce in Colombia.** ## Requirements for an express divorce in Colombia * Civil registration of marriage. * Civil registry of birth of both spouses. * Power of attorney to the lawyer who will handle the proceedings. * Petition for divorce. * Photocopy of the identity card of the spouses. ## Duration The deadline is 10 days if you do not have children. ## Cost Notarial acts without amount, such as this one, are subject to the fees applicable to acts without amount, i.e., $44,000 pesos plus VAT and copies. ## Do I need a lawyer for an express divorce in Colombia? A lawyer is required to process a divorce through a notary public. If you require the assistance of an experienced family law attorney to help you through this process, we at Servicio Legal are ready to assist you. ## At which notary office can I do this procedure? It can be done before any notary in the national territory, but it is recommended to do it in a nearby notary or the same one where the required documents are located for greater convenience. ## Is it better than judicial divorce? The agility of the process causes an overwhelming preference for notarial divorce, since a process that can take 10 days in a notary’s office, can take up to 18 months through the courts.

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: each**spouse 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: * **Prior agreement:** the spouses have reached an agreement on aspects such as child custody, division of property and alimony, among others. * **Faster and more economical process:** as there is consensus between the parties, the divorce process is more agile and usually requires less economic resources. * **Involvement of a notary:** in the case of divorce by mutual consent, the spouses may go to a notary to formalize the agreement and obtain the divorce decree. * **Judicial intervention:** in this type of divorce, the judge’s intervention is limited, since the spouses have previously agreed on the terms of the separation. * **Representation:** it is possible for the procedure to be carried out by a single lawyer. * **Time:** tit is a divorce that can be carried out in an agile and simple way, so the stipulated time that the process can last is 1 month. ### In conclusion The main difference between contentious divorce and uncontested divorce lies in the level of agreement between the spouses. While in contentious divorce there are disagreements and a judicial process is required to resolve them, in uncontested divorce the spouses have reached a consensus on the terms of the separation, which facilitates and expedites the divorce process. However, there are also other important differentiating factors. ### Cybergraphy [ https://www.agtabogados.com/blog/cuales-son-las-diferencias-entre-divorcio-por-mutuo-acuerdo-y-divorcio-contencioso/#:\~:text=In%20the%20divorce%20contentious%20process%20be%20done%20be%20before%20noting%C3%ADa ](https://www.agtabogados.com/blog/cuales-son-las-diferencias-entre-divorcio-por-mutuo-acuerdo-y-divorcio-contencioso/#:~:text=En%20el%20divorcio%20contencioso%20el,proceso%20se%20hace%20ante%20notar%C3%ADa). <https://alvarezabogadostenerife.com/2015/09/diferencias-entre-divorcio-de-mutuo-acuerdo-y-divorcio-contencioso/> [ https://www.conceptosjuridicos.com/divorcio-contencioso/#:\~:text=The%20divorce%20contentious%20is%20the%20other%20party%20nor%20alleged%20causes ](https://www.conceptosjuridicos.com/divorcio-contencioso/#:~:text=El%20divorcio%20contencioso%20es%20la,otra%20parte%20ni%20alegar%20causas). <https://www.juridicosfamilia.com/divorcio-contencioso/> <https://www.juridicosfamilia.com/divorcio-de-mutuo-acuerdo/#:~:text=El%20divorcio%20de%20mutuo%20acuerdo,forma%20tranquila%20y%20sin%20inconvenientes>

In this article, we will guide you through the process of divorce by mutual consent in Colombia. ### Divorce Settlement Agreement The divorce process is a difficult situation that many couples face at some point in their lives. However, when both parties agree to the separation and are willing to work together to achieve an amicable divorce, the process can be easier and less costly. In Colombia, divorce by mutual consent is an option for those who wish to end their marriage peacefully and without conflict. #### Requirements for a Mutual Agreement Divorce Before initiating the divorce process, both parties must meet certain requirements. In Colombia, spouses wishing to divorce must have been separated for at least two years, or one year if they have a separation of property agreement and do not have minor children. Both parties must also agree on the divorce and the terms of the divorce, including the division of assets and financial obligations. #### Necessary documents Once the prerequisites are met, both spouses must gather the necessary documentation to initiate the divorce process. These documents include: marriage certificate, citizenship card or identity card, and written agreements on the division of assets and financial obligations. #### Filing for Divorce The next step is to file for divorce before a family court judge. This must be done through an attorney, who will file the claim and the necessary documents with the court. The judge will review the complaint and, if everything is in order, will issue a divorce decree. #### Property Settlement Agreement After the divorce decree, both parties must reach an agreement on the settlement of assets. This agreement must be submitted to the family judge for approval. #### Divorce Registration Finally, once the judge approves the property settlement agreement, the divorce must be registered at the civil registry. Once registered, the divorce is considered finalized. It is important to remember that, although the uncontested divorce process may be easier and less expensive than other types of divorce, it is still recommended to work with an attorney to ensure that all documents are in order and that the process goes smoothly. In summary, the process of divorce by mutual consent in Colombia involves complying with the prerequisites, gathering the necessary documents, filing a divorce petition before a family judge, reaching an agreement on the liquidation of assets and registering the divorce in the civil registry.  #### To have the advice of an attorney If you are considering an uncontested divorce, we recommend that you work with an attorney to ensure that the process goes smoothly and properly. In conclusion, the mutual consent divorce process in Colombia is an option for those couples who wish to end their marriage peacefully and without conflict. This process involves meeting the prerequisites, gathering the necessary documents, filing a divorce petition before a family judge, reaching an agreement on the settlement of assets, and registering the divorce with the civil registry. The mutual consent divorce process is an increasingly common option in Colombia, as it is a peaceful and quick way to end a marriage or common-law union. While in the past it was necessary to carry out the process through a family judge, in recent years it has also been possible to carry out the process through a notary’s office. #### Divorce and Partnership Settlement Agreements The first step to initiate the process of divorce by mutual consent is to have an honest conversation with your spouse or partner, with the objective of reaching an agreement regarding the liquidation of the marital or patrimonial property and the custody of the children (if any). Once an agreement has been reached, the next step is to gather the necessary documents to initiate the process. #### Documents Among the documents required are a copy of the marriage certificate or declaration of common-law marriage, the civil records of the children (if any), and the marital or property settlement agreement. It is important to note that the marital or property settlement agreement must be signed by both parties and must be presented before the notary or the family judge. Once the documents have been gathered, the next step is to file them with a notary, along with the request for divorce by mutual consent. At this time, the corresponding notary fees must also be paid.  #### In case of minor children It is important to highlight that, in case there are minor children, a custody and visitation agreement previously agreed upon by both parties must be presented and approved by a family judge. Once the notary’s office has received the documents and has verified that everything is in order, the divorce certificate and the liquidation of the marital or patrimonial property is signed. #### Divorce Registration Subsequently, the divorce is registered in the civil registry and the respective document is delivered to the parties. Working with an [attorney](https://serviciolegal.com.co/family-law/?lang=en) is recommended to ensure that the process runs smoothly and properly. In conclusion, the process of divorce by mutual consent in Colombia can be carried out either before a family judge or before a notary public. #### Notary Divorce Although the option of doing it through a notary’s office is faster and simpler, it is important to take into account that certain requirements must be met and important documents must be presented. Therefore, it is advisable to have the advice of a lawyer specialized in family law to ensure that the process is carried out properly and smoothly. We hope this information has been helpful and wish you the best in your divorce process. ### ### Cybergraphy “Divorce by mutual consent” Ministry of Justice and Law. Retrieved from https://www.minjusticia.gov.co/Portals/0/Comunicaciones/Documentos%20Compartidos/Tramites\_divorcio\_mutuo\_acuerdo\_2020.pdf “Divorce by mutual consent” Colombian State Services Portal. Retrieved from https://www.gob.co/divorcio-de-mutuo-acuerdo “Divorce Process in Colombia”. Legal.com.co. Retrieved from https://legal.com.co/proceso-de-divorcio-en-colombia/ “Divorce by mutual consent in Colombia: a peaceful way to end a marriage.” Online Divorce. Retrieved from https://www.divorcioenlinea.co/blog/divorcio-de-mutuo-acuerdo-en-colombia “Divorce by mutual consent in Colombia: What should you know?” Legal and Accounting Group. Retrieved from https://www.grupojuridicoycontable.com/divorcio-de-mutuo-acuerdo-en-colombia-que-debes-saber/ “Divorce by mutual consent in Colombia: What is it and how is it done?” Second Notary Office of Medellín. Retrieved from https://www.notariasegundamedellin.com.co/divorcio-de-mutuo-acuerdo-en-colombia-que-es-y-como-se-hace/

When a marital relationship faces insurmountable difficulties that may end in the rupture of the bond both affectively and legally, it is crucial to understand the difference between separation and divorce. difference between separation and divorce. In this article, we will explore these differences and how to proceed in each case.  ## What is separation? Separation is an action in which a couple decides to live separately, without taking legal action. During separation, **each person may choose to live in a different place, establish financial and custody agreements, among others. All this without legal intervention**. In Colombia, the separation can be of two types: * In fact: it can be unilateral or by mutual agreement. The first is understood as abandonment, i.e., one of the two spouses leaves the home. The second can be by mutual agreement. * Judicial: contemplated in article 165 of the Civil Code. It is a mechanism that the law provides to resolve marital crises when the couple thinks that there may be a reconciliation. By this means the obligation of cohabitation between the spouses is suspended. This can be of two types: * Indefinite: it is for an indefinite period of time and automatically dissolves the marital partnership. * Temporary: granted for one year, extendable indefinitely. Upon expiration of the year, the law automatically presumes that there was reconciliation and all the effects of the marriage begin to take place again. ## What is divorce? On the other hand, the difference between separation and divorceis that the latter is the legal process of ending a marriage. In this case, **It is necessary for couples to file for divorce through a lawyer before a family judge, who will evaluate each process. If approved, the marriage is officially dissolved.**. In this situation, definitive terms are agreed upon regarding the division of assets, child custody and other issues. Effects of divorce: * The spouses are legally free to remarry, if the marriage is not link was only civil. * The rights and obligations of marriage, such as the duty of fidelity and duty of care, are dissolved. * Agreements regarding child custody, distribution of assets and financial obligations should be established. ### Emotional and Legal Implications The main difference difference between separation and divorce lies in the legal and emotional implications. **Separation allows for a pause and reflection on the relationship without legally terminating the marriage.**. Generally, this process is carried out on good terms and in acceptance by both parties. On the other hand, **Divorce is a more definitive option that ends the relationship in all legal aspects.**. It can be seen as a liberating step, but one that also involves a challenging legal and emotional process of having to [ dividing assets ](https://serviciolegal.com.co/en/blog/sale-of-community-property-rights) and establish custody agreements, without a doubt, a decision that is by no means simple and where the children may also be affected. ### Where to get legal advice? Now that you know the difference between separation and divorce If you are interested, you can make the decision that best suits your current needs. However, it is necessary that you seek the advice of a professional in the following areas [ FAMILY LAW ](https://serviciolegal.com.co/en/services/family-law) as a Legal Service, where you will be accompanied and advised on the procedures involved in each case. [ SCHEDULE AN APPOINTMENT FOR ONLINE COUNSELING ](https://serviciolegal.com.co/en/book-your-appointment)