If you are Colombian and your marriage took place in Colombia with a foreign national, the divorce must be carried out in Colombia, regardless of whether your spouse is currently in Spain. This is because the marital bond was established under Colombian jurisdiction, and therefore, Colombian law governs its dissolution.
Can I get divorced in Colombia without my spouse being in the country?
Yes. It is possible to get divorced from anywhere in the world, and the same applies to your spouse. Neither of you needs to be physically present in Colombia, as long as you grant an apostilled special power of attorney to a Colombian lawyer to represent you in the process.
This allows the entire procedure to be handled remotely, with no need for travel or commuting. It is a secure, legal, and increasingly common process among Colombians living abroad.
What type of divorce can be filed?
It all depends on whether there is an agreement between the parties:
- Mutual consent divorce (before a notary public): If both of you agree to separate, you can process the divorce through a notary, provided there is no dispute over assets or child custody. It is a quick and cost-effective process.
- Contested divorce (before a family court judge): If one of the spouses refuses to sign or there are disagreements (financial or family-related), the divorce must be filed before a family court. Although this process takes longer, it can also be carried out without either party needing to travel.
What documents do you need to start the process?
- Colombian marriage civil registry certificate.
- Civil registry certificates of the spouses and children (if any).
- Apostilled special power of attorney from Spain.
- Divorce agreement, if it is by mutual consent.
If your marriage was also registered in Spain, once the divorce is finalized in Colombia, recognition of the divorce can be requested before Spanish authorities so that it is legally valid in that country.
What happens if the other person does not want to cooperate?
In the event that your spouse is in Spain and does not want to participate in the process, the divorce can be filed as a contested divorce. You do not need the other person's consent to get divorced if there is no mutual agreement. A Colombian attorney can represent you before the judge and serve notice to your spouse abroad through the appropriate legal channels.
👉 At CHS Abogados, we are experts in international divorces and remote legal proceedings. Whether you are in Colombia, Spain, or anywhere else in the world, we can help you obtain your divorce without the need to travel. We offer legal representation throughout Colombia with experience, clarity, and dedication.
