Divorce in Colombia: A Practical Guide to the Process, Types and Legal Effects

What is divorce and when does it apply in Colombia?

Divorce is the legal mechanism that terminates the marriage bond between two people. Once decreed, the spouses are no longer legally married, and essential matters must be settled—such as child or spousal support, custody arrangements, and the division of marital property.

In Colombia, the divorce can be obtained when any of the grounds provided by the law or when both spouses manifest of a free and voluntary manner of its intention to end the marriage. In addition, with the entry into force of the Law 2442 2024, it is also possible to start the process of a one-sided manner, that is to say, when one of the spouses decides to put an end to the link, without the need to prove a specific causal.

In any of these scenarios, divorce is not limited to the dissolution of the marriage bond; it also requires regulating its legal effects to prevent future conflicts and protect the rights of the parties involved. It is important to note that divorce applies exclusively when a legal marriage exists. If the couple lived together without marrying, the applicable legal process is the dissolution of the de facto marital union, a distinct legal figure with its own property effects, governed by Law 54 of 1990.

Types of Divorce in Colombia and Their Practical Differences

Colombia offers several ways to proceed with a divorce. Choosing the right path depends primarily on whether the spouses have reached an agreement and on the level of conflict between them.

• Contested divorce: This occurs when there is no agreement or where one of the spouses does not want to get divorced. This process is brought forward before a judge of the family and requires invoke and test a causal law. Because it is a judicial process with conflicting points of view, often the more lengthy, complex and costly, both economically as well as emotionally.
• Divorce by mutual consent: This occurs when both spouses agree to end the marriage and reach agreement on issues such as child custody, visitation, support and division of marital assets. It may be handled before a notary or a family judge and is usually the fastest and least burdensome route. When both parties agree and no disputes remain, couples often use the express divorce procedure before a notary, which can dissolve the marriage within a few weeks if the documents are complete.
• Unilateral divorce: Occurs when only one of the spouses has expressed its willingness to divorce without the need to prove a causal. Although it is filed before a judge of the family and requires an attorney, allows you to move forward even without consensus, provided that they submit a proposal that is clear to regulate the effects of divorce.

Legal Requirements to Initiate a Divorce in Colombia

To start a divorce process in Colombia it is necessary to have some basic documents that allow to prove the existence of the marriage and the family situation. In general, you will need to bring:

• Civil registration of marriage
• Identity documents of the spouses
• Civil birth registry certificates of any minor children

In the mutual-agreement divorce, additionally, a comprehensive agreement regulating the effects of the divorce must be filed. In contested or unilateral proceedings, it will be necessary to file a formal lawsuit before the competent family judge through an attorney, and to submit or request the relevant evidence depending on the case.

Stages of the Divorce Process in Colombia

Although each case has its own particularities, the divorce process in Colombia generally unfolds in three main stages:

Effects of Divorce on Children and Assets

One of the most concerning aspects of any divorce is the situation of the children and the marital property. Colombian law establishes clear rules to regulate these matters, prioritizing the protection of those who may be most affected.

For children who are still minors, custody, the visitation arrangement and the cuota de alimentos (child maintenance) must all be settled, always with their well-being and stability in mind.

The determination of the child support amount must observe the principle of proportionality between the child's needs and the financial capacity of the person obligated, and it is advisable to put it in writing to avoid later disputes.

As for assets, divorce entails the dissolution of the marital property regime (sociedad conyugal) and its subsequent liquidation, either within the same proceedings or in separate proceedings.

Duration and Costs of the Divorce Process in Colombia

The duration and the cost of a divorce in Colombia vary depending on the type of process, the existence of agreements, the complexity of the estate and the need of practice tests. While a divorce by mutual agreement may be resolved in a relatively short period of time, the litigation process or unilateral they can be extended by several months or even years.

How to finalize a divorce with informed decisions

Divorce in Colombia is a process with legal implications relevant to transcend the simple termination of a marriage. The way forward the process, directly affecting the situation of the children, the distribution of the estate and obligations subsisting between the spouses. To make decisions without the right information, you can generate protracted conflicts and legal consequences in the long term. To understand the process and to have legal guidance timely to face up to this stage with greater safety and protect the rights of the parties involved.

When to seek advice before starting a divorce

If you are considering starting divorce proceedings in Colombia, or are already going through them, we can assist you. Our team of lawyers will give you clear, attentive guidance, tailored to your particular situation, so that you can make the best decision.

Laws and case law cited

• Law 2442 of 2024 — introduces divorce at the sole will of either spouse: it adds numeral 10 to article 154 of the Código Civil (Colombian Civil Code) and amends article 156, which requires attaching a proposal to regulate the effects of the divorce. Official text — Función Pública.
• Código Civil, artículo 154 (as amended by Ley 25 de 1992) — lists the grounds for divorce, among them de facto separation for more than two years (num. 8), mutual consent before a judge (num. 9) and the sole will of one spouse (num. 10). Law 25 of 1992 — Official Government Website (Función Pública).
• Decreto 4436 de 2005 — regulates divorce by mutual agreement before a notary by public deed (escritura pública) and through a lawyer; where there are minor children, the notary refers the matter to the Family Defender (Defensor de Familia). Official text — Función Pública.
• Ley 54 de 1990 — governs de facto marital unions (unión marital de hecho) and the property regime between permanent partners (sociedad patrimonial entre compañeros permanentes), an institution distinct from divorce (which requires a marriage bond). Official text — Función Pública.
• Corte Constitucional, Sentencia T-384 de 2018 (reiterated in Sentencia T-255 de 2024, M.P. Vladimir Fernández Andrade) — the family judge must first examine shared custody and turn to sole custody only if the former is not viable. Official record.
• Corte Constitucional, Sentencia C-017 de 2019 (M.P. Antonio José Lizarazo Ocampo) — the right to support requires three concurrent elements: a legal bond, the need of the person entitled to support and the financial capacity of the person obliged to provide it. Official record.
• Corte Suprema de Justicia, Sentencia CSJ SC3085-2024 (Sala de Casación Civil, Agraria y Rural [Civil, Agrarian and Rural Cassation Chamber], M.P. Octavio Augusto Tejeiro Duque) — final de facto separation for two years or more dissolves the marital property regime from that moment, with retroactive effect to the date on which the shared life ceased. Corte Suprema (PDF).