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How do I divorce before a judge?

Today at Cuadro Legal, a law firm in Medellín, we explain how a jurisdictional divorce or cessation of civil effects of religious marriage is carried out.

For starters, It is relevant to point out that, if the divorce is based on the first 8 grounds of article 154 of the Civil Code, the procedure requires a verbal declaratory proceeding, which must be brought before a family judge. Now, when it is advanced by cause 9, mutual agreement of both spouses, this procedure is advanced, no longer in a verbal declaratory process, but in one of voluntary jurisdiction. Therefore, the jurisdictional process includes the verbal process or the voluntary jurisdiction process, depending on the cause of action.

In each of these processes the judge determines: the dissolution of the marriage, the dissolution of the conjugal partnership, the separate residence of the spouses, the alimony sanction (if applicable), the exercise of parental authority, the maintenance, custody and personal care of the common children, and the regulation of visitation.

It is important to mention that in these proceedings only and exclusively the spouses will be parties; if they are minors, the parents may intervene, but not be parties. In addition, it is necessary to mention that these processes can end abnormally due to the death of one of the spouses, reconciliation or withdrawal.

Cuadro Legal law firm has the best family lawyers and divorce lawyers at your disposal to carry out successful conciliations. 

Written by: Alejandra Cardona Mercado

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