Getting out of marriage in Costa Rica is a fairly easy process. In addition to the valid grounds for filing for divorce or separation, there are other aspects that must also be taken into consideration, like the division of property, alimony, and children,
In any case, divorce is completely legal in Costa Rica for citizens, residents, and foreigners. The process can sometimes be lengthy, tedious, and emotionally taxing, but with a capable divorce attorney by your side, you will be able to avoid many of the unnecessary complications and be able to get through it with your sanity intact.
According to the Family Law of Costa Rica, a person may file for divorce under any of the grounds listed in the Costa Rican Family Code.
When both parties are agreeable to the divorce, the process can take around three to six months or even less. However, even in mutually agreed divorces, there are still the matters of custody, alimony and property division to be taken care of. The spouses can give up alimony if both agree, except for cases where there are minor children, in which case child support is obligatory.
A recent addition to the list of legal grounds for divorce, after six months of marriage either spouse finds that the couple's characters are incompatible, they can file for divorce. No proof of the incompatibility is required. Either of the spouses just needs to cite it as the grounds, and the divorce proceedings can begin.
If a spouse has committed adultery and there is sufficient evidence of this presented to the court, the divorce will be granted. In addition, the adulterous spouse will have to pay all attorney fees and court fees. He or she will also not be eligible to receive alimony.
If one spouse attempts to kill the other, or any of their children, then this is valid grounds for divorce. The judge will only need the aggrieved party to make a statement about the attempt on his or her life, and the divorce proceedings can commence.
Prostitution is legal in Costa Rica. But if a spouse gets their partner or any of their children to practice prostitution against their will, the aggrieved party can file for divorce.
There are no fixed standards on what constitutes cruelty, and the judge will have to make a decision depending on the evidence that will be presented during the court hearings. All forms of cruelty – physical, mental or emotional – are valid grounds to file for a divorce.
If the couple has been previously granted legal separation and a year has passed without any reconciliation, then the divorce will be granted.
If one spouse has been missing and has been legally declared as such, they are to be presumed dead after a certain amount of time. Once this period passes, divorce will be granted and the remaining spouse will be free to legally marry again.
If a couple has lived separate lives for at least 3 years, even without a legal ruling, either of them can file for divorce, which can be granted because of de facto separation.
When you file for divorce in Costa Rica, as in any other country, it is not just the termination of the marriage that you have to take care of. There are other legal matters that must be addressed as well, and your divorce lawyer should be able to help you in each of these matters.
All the assets and properties that a couple has acquired during the marriage, either individually or as a couple, will be divided equally during a divorce. This does not include any properties that you might have inherited during the period of your marriage. Such inheritance only belongs to you.
If one spouse has no income, the income-earning spouse is obliged by law to pay alimony until the spouse without an income finds a way to make a living on their own.
If there are minor children in the family, the Patronato Nacional de la Infancia, PANI, which is the government agency in Costa Rica that is in charge of handling cases that have to do with minor children, will play a significant role in your divorce proceedings.
Costa Rican law liens in favor of women and children. As such, the woman generally gets full custody of all minor children, unless the man contests this and provides evidence that the woman is unfit to become a suitable mother or is unable to provide a suitable environment for bringing up the children.
Children under the age of 18 years must receive financial support from the estranged parent until they turn 18, or until 25 if they are still studying.
If you are considering filing for divorce or separation in Costa Rica, there are a few things that you need to know.
Everyone can file at any time for a mutually agreed divorce. There are no minimum time restrictions., Only the aggrieved party may file for divorce litigation in cases of adultery, murder attempts, cruelty, and so on.
Once you have awareness of that factor that you plan to use as grounds for divorce, you only have a period of one year to file for the divorce. That is, you can file for divorce for up to a year after finding out that your husband has cheated, and so on. If you are not sure whether the statute of limitations is up, your divorce attorney can help you figure it out.
Marital assets include everything that the couple has acquired together or individually during the period of marriage. Inheritances and donations are not included. All properties owned before the marriage remain the sole property of the owner. The process of dividing properties is quite simple, except for cases where a couple obtains assets and places these in the name of a corporation, where things can get more complicated.
If you are planning on filing for divorce or separation in Costa Rica, the first thing you need to do is seek the help of a reliable legal professional. Here at Costa Rica Divorce, we have attorneys and legal consultants that are very well-versed in the Costa Rican Family Code. We can help you through the most complicated aspects of the divorce proceedings.
We do understand that divorce can be a very traumatic and emotionally unsettling experience. That is why we handle each divorce case with compassion and understanding. We can also provide counselors for you and your children who will provide not just legal guidance but emotional support as well. Clients can also rest assured that all of our cases are kept in complete confidentiality.
For a free consultation on divorce and separation, just fill out the form below, email us, or give us a call today. Our highly competent experts will be happy to answer your questions and discuss how we can help your case.
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