Contested Divorce in Colombia

Legal Grounds for a Contested Divorce

When a divorce is not by mutual agreement, the spouse initiating it has to rely on a recognized legal ground. Colombian law sets these out, and the right one depends on the facts of your marriage.

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• Grounds include prolonged separation, serious breaches of marital duties, mistreatment, or other conduct recognized under the Civil Code.

• Sustained separation is one of the more commonly used grounds where no single act is in dispute.

• The ground you rely on determines the evidence you will need, which is why it is assessed carefully before filing.

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Infidelity (Adultery)

Infidelity is a recognized ground for divorce in Colombia. To file for divorce on this basis, the accusing spouse must provide clear and convincing evidence of the extramarital affair, such as:

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• Text messages, WhatsApp messages, emails, or phone records.

• Witness testimonies.

• Private investigator reports.

• Photographic or video evidence.

Although adultery is a personal matter, courts require substantial proof before granting a divorce on this ground. If proven, the court may consider it when determining alimony or division of assets. Colombian courts require either a direct confession from the unfaithful spouse or objective proof, such as the birth of a child from the extramarital relationship. Because the evidentiary bar is high, clients rely on documented communications, witness statements, or the assistance of a licensed private investigator to build a case that will hold up in court.

Physical or Psychological Abuse

Any form of domestic violence, whether physical, emotional, or psychological, is valid legal grounds for divorce. Abuse can take many forms, including:

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• Physical violence – Hitting, slapping, pushing, or any other form of bodily harm.

• Psychological abuse – Threats, manipulation, or verbal insults aimed at harming a spouse's mental well-being.

• Economic abuse – Preventing a spouse from accessing finances or resources to exert control.

Victims seeking a divorce on these grounds should provide medical reports, police records, psychological evaluations, or witness statements as evidence. Courts can also issue protective measures to ensure the victim’s safety during the divorce proceedings. Evidence includes medical reports, photographs of injuries, police or complaint records, witness testimony, and any recorded communications. A documented pattern of abuse can also support a separate protection order alongside the divorce case.

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Desertion or Abandonment

When one spouse leaves the marital home without justification and fails to maintain contact or provide financial support, the abandoned spouse can file for divorce. This ground is applicable if the desertion is:

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• Intentional and prolonged (lasting for a significant period).

• Without a valid reason, such as work obligations or illness.

To prove abandonment, the filing spouse can present testimony from neighbors, financial records showing lack of support, or evidence of non-communication. To rely on this ground, the departure needs to be unjustified, with the separation continuing for at least one year. Useful evidence includes text messages or emails showing the departure, witness statements, and records such as leases or utility bills showing where each spouse has been living.

Chronic and Incurable Illness Affecting Marital Cohabitation

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Colombian law allows divorce when one spouse suffers from a chronic and incurable illness that significantly affects the ability to maintain a marital relationship. The key considerations include:

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• The illness must be severe enough to disrupt cohabitation or marital duties.

• The affected spouse must be unable to fulfill their role in the marriage.

• The condition must be medically documented and confirmed by health professionals.

However, courts will carefully assess each case to determine whether the illness genuinely hinders the marriage or whether accommodations could be made. This ground requires medical documentation showing that the condition is both chronic and incurable, and that it materially prevents the couple from maintaining a normal marital relationship. Courts weigh this evidence carefully given the sensitivity of the ground.

Alcoholism or Substance Abuse

If a spouse suffers from severe and uncontrolled alcoholism or drug addiction, it serves as grounds for divorce. To qualify, the substance abuse must:

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• Be chronic and harmful to the marriage.

• Lead to neglect, financial instability, domestic violence, or emotional distress.

• Be documented through medical reports, police records, or witness testimonies.

A spouse filing for divorce on this basis must demonstrate that efforts to resolve the issue, such as rehabilitation or therapy, have been unsuccessful. The use has to be habitual and uncontrolled rather than occasional. Medical records, treatment history, and witness testimony are the forms of evidence courts rely on most.

Separation for More Than Two Years

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Colombian law allows couples who have been separated for more than two years to file for divorce based on de facto separation. This applies when:

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• The couple has lived apart for a continuous period of at least two years.

• There is clear evidence of independent lives, such as separate residences and financial independence.

• The separation was not due to temporary reasons, such as work obligations abroad.

This ground allows a spouse to file for divorce even if the other spouse does not agree, as long as proof of separation is provided. This is the most straightforward ground to prove, since it does not require showing fault on either side, only that the separation has lasted at least two consecutive years. Evidence includes separate leases or utility accounts, travel records, and witness statements confirming when the couple stopped living together.

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The recognized grounds for a contested divorce are set out in Article 154 of the Civil Code, as modified by Article 6 of Law 25 of 1992. Colombia's Constitutional Court, in Sentencia C-985 of 2010, groups these into two categories. Objective grounds, such as two years of separation, do not require the court to evaluate either spouse's conduct. Subjective grounds, such as infidelity or abandonment, require proving a breach of marital duty by the other spouse.

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