DOES THE MARRIAGE IN COLOMBIA END AUTOMATICALLY AFTER PEOPLE BREAK UP?
This is a very common question coming from US clients. Normally they get married here in Colombia and return to the US to wait for the visa process. Because the immigration process takes time, relationship may end so US clients believe that the marriage is dissolved automatically based on the time of separation or because never lived together. However, they answer is NO.
A MARRIAGE IN COLOMBIA DOESNT END AUTOMATICALLY AFTER PEOPLE BREAK UP, you need to hire a lawyer in Colombia to represent you in a process of divorce.
The divorce can be done using non-contested procedure in case parties agree to have the Colombian marriage ended, or the trial divorce which in that case is the judge that decides and signs the divorce according to the cause and evidence.
It has happen to foreign clients, that years later after they broke up with their Colombian wife’s, they want to marry again and they need a divorce but there is no clue of where is the wife. In that case is only in a trial divorce that judge can sign the divorce and terminate the Colombian marriage.
Something important a USA DIVORCE OF A COLOMBIAN MARRIAGE DOESN’T END A MARRIAGE DONE IN COLOMBIA. The only authority is a Colombian family court because the marriage was done in Colombia and one of the parties was Colombian.
The law authorizes that a Colombian marriage can be terminated for many causes but the specific one based on the time, requires 2 years of not have lived together. Once proved in trial, family judge will sign the divorce.
If you want to contact me for further information please does to, each case is a different story and evidence.
Esteban Rada, Attorney Colombia