In Colombia, the divorce process can be done by mutual agreement or contentious. Each one has different requirements, since the first one is done before a notary and the second one before a judge.
Notarized divorce requirements:
- Authentic copy of the Civil Registry of the spouses.
- Authentic copy of the Civil Registry of Marriage.
- Special power of attorney to the lawyer, expressing his will to execute this deed.
- In case there are minor children, attach the agreement of the parents, containing what is assigned to cover the needs of the minor, regarding: housing, food, clothing, health, education and visitation.
- Authorization from the Family Ombudsman-ICBF of the locality where the minor is domiciled (the notary’s office sends a communication to the corresponding Family Ombudsman).
- Signature of the public deed.
Requirements for contentious divorce:
- General power of attorney.
- Marriage certificate.
- Birth certificates of the children.
- Certificate of census registration.
- Public deeds and private documents evidencing community property.
- Bank certificates for checking accounts, pension plans, loans, mortgages or any other banking link.
- Employment contracts and payroll.
- Other documents that support the claimant’s request.
The grounds to be able to carry out any of the divorce proceedings are:
- Extramarital sexual relations: under this ground, the spouse who has been affected has a period of one year from the time he/she became aware of the facts to request a divorce and that the guilty spouse be punished.
- The serious and unjustified breach by either spouse of the duties that the law imposes on them as spouses and as parents: serious is understood as the fact that the most serious of the following are violated more The basic duties and as unjustified that which is done or not done for no reason whatsoever. Among these duties is that of fidelity and cohabitation, respectHelp, help, help and aid. The term to request the consequences related to the divorce is also one year, but the term of expiration is one year. term is counted from the occurrence of the event.
- Outrages, cruel treatment or mistreatment:
- Cruel treatment: cruel and inconsiderate conduct with intent to cause harm to another.
- Abuse: psychological whether or not there is intent.
- Mistreatment: refers to physical abuse.
- Habitual drunkenness: It is the impairment of the mental faculties caused by the excess of intoxicating beverages.
- Use of hallucinogens and narcotics:
- Serious and incurable illness, physical or psychological psychicof one of the spouses, which endangers the mental or physical health of the other spouse and makes the marital community impossible.
- Any conduct of one of the spouses tending to corrupt or pervert the other, a descendant, or persons under his or her care and living under the same roof: this ground refers to the inculcation of bad habits and the mere attempt is sufficient for the divorce action to be filed.
- Separation of bodies, judicial or de facto, that has lasted for more than two years: The legislator thought that if the couple has been separated de facto for more than two years what is evidenced is that there is a breakdown of family life, therefore the couple is allowed to file this divorce action.
- By mutual agreement: This ground is based on the principle of law that things are undone as they are done. Under this ground it is not possible to request a condemnation in alimony or revocation of the donations.