Marriage is one of the most beautiful stages a human being can go through; however, in some cases this does not last for a lifetime and the parties must resort to divorces in judicial headquarters in order to end that marriage bond. In Costa Rica, divorce is regulated by article 48 of the Family Code.

In our country we still abide by what is known as the “causal system”, which allows the parties to end their marriage bond, as long as one of the causes of article 48 of the Family Code is met, which are the following:

a. Adultery of either spouse.
b. The attempt by one of the spouses against the life of the other or of their children.
c. The attempt of one of the spouses to prostitute or corrupt the other spouse and the attempt of corruption or corruption of the children of either of them.
d. Physical, psychological, patrimonial or sexual violence to the detriment of the other spouse or their children.
e. Judicial separation for a term of no less than one year.
f. The absence of the spouse legally declared.
g. The mutual consent of the spouses; and
h. The de-facto separation for a term of no less than three years.

There is a new reason that was already approved in the second debate in Congress, which is that of incompatibility, which in the bill is intended to add to this article as a ninth reason, and that would literally establish: i) “the request of one of the parties due to the impossibility of living together “. This is only awaiting the signature of the Executive Branch and its due publication in the Official Gazette.

Regarding the title of this article, in order to address the issue of divorces in judicial headquarters, it is important to indicate that all grounds are going to require the intervention of a judicial body; however, the grounds for divorce by mutual consent only require approval (homologation) by the Judge, the appearance of neither party is required, nor are hearings of any kind held.

The divorces in judicial headquarters headquarters begins with a lawsuit, where the requesting party expresses the facts (grievances) for which it seeks the dissolution of the marriage bond, always considering that it must invoke one or more grounds of the article mentioned above, as well as demonstrate that these grounds are met.

Once the petition for divorce has been filed and the other party has been served, the other party will have the right to an answer, that is, they will be able to refute the facts indicated by the plaintiff, or else accept them. Normally, the Court will appoint a conciliation hearing (fundamental pillar in family processes), in order for the parties to try to reach a satisfactory agreement for both, always considering the following:

a. Custody of minor children (if any).
b. Family relationship regime (if they had children).
c. Alimony in favor of minor children (if any).
d. Alimony between spouses (who can waive this right).
e. Equitable distribution of community property (if any).

In the event of reaching an agreement at this hearing, the Judge will approve it, and the parties must register it in the corresponding Registries and thus terminate the divorce process in court, its effects being immediately applicable.

If that conciliation hearing fails and no agreement is reached, in that same act the Judge must indicate the date and time to carry out the evidence reception hearing, where all the evidence presented by the parties in the lawsuit will be evacuated (documentary, testimonial, confessional, statements by the party, recognition of documents).

At the beginning of the evidentiary hearing, the Judge will provide a new space to allow the parties to reach a settlement agreement; however, if it does not happen, the Judge must evacuate all the evidence previously described. Once this hearing has been held, the Judge will issue a sentence that must cover all the aforementioned issues (custody, interrelation regime, alimony and distribution of community assets).

In the event that one or both of the parties do not agree with the decision of the Judge, they will have the possibility of filing an appeal, so that a superior Judge is in charge of determining if the decision of the judge of first instance is upheld, or if it revokes it and orders new provisions.

Divorce processes are usually exhausting for both parties since they affect situations of an emotional nature, but at ERP Lawyers we have an expert team specialized in Family Law, to provide you with advice according to your intentions and needs. Do not hesitate to contact us!