Hey all
Has anyone gone through a divorce in Chile? We were married in Chile. Currently, I am in the US, she is there in Santiago. Due to us not being in the same place, I foresee this being challenging moving forward. Was seeing if anyone has been in the same boat.
Thanks!
Just wondering and not advice, were you married in Chile? If so, what option did you choose for belongings?
Important point, eeuu. With assets kept separate (separación de bienes) a divorce is easier than a sociedad conjugal where assets obtained during the marriage need to be split (liquidación de la sociedad conjugal).
I know something about the topic, because my husband has recently started dealing with some family law cases, but I’m no expert.
If you are both in agreement about divorcing, the divorcio de mutuo acuerdo is the easiest and fastest. Some family courts will even grant that without a hearing. You have to show you’ve been living apart for
at least a year - there are certain accepted ways to prove this. I found this article - Mutuo Acuerdo
If a hearing is required, I’m not sure how it will be handled with you abroad. Some courts are still offering Zoom hearings for everyone. Others are not allowing them at all, and some are allowing them for certain situations if you petition.
If you can’t agree to cooperat, then you’d have to do a unilateral divorce. In that case, you have to show you’ve been living apart for three years. Unilateral
Either way, one of the spouses needs to file in the family court that corresponds to their address.
If you hire a lawyer, make sure they are a member of the Colegio de Abogados.
We chose the “separación de bienes.” So in terms of assets we have no problem in country with that. I do not see us cooperating on this moving forward however.
Would it be possible to file here in the US and gain traction that way? I do not care if I am “married” in Chile, but I do care if I am considered married in the US. Could the US consider it as no longer valid and I would be good to go?
That’s too bad, the mutuo acuerdo would really be the easiest option. I found this about divorcing in the US when one spouse isn’t in the country. It at least gives a general idea of the steps. Divorce Outside Country
You’re right in assuming being divorced in the US, won’t transfer to being divorced in Chile. To get a foreign divorce recognized in Chile is a process that has to go to through the Supreme Court.
Cuando existen sentencias de divorcio dictadas por tribunales extranjeros, para que ésta pueda producir efectos en Chile debe seguirse el procedimiento denominado Exequátur (Homologación de sentencias extranjeras), que se encuentra contemplado en los artículos 242 a 251, del Código de Procedimiento Civil de Chile.
Las sentencias de divorcio dictadas por tribunales extranjeros tendrán en Chile la misma fuerza que si se hubieran dictado por tribunales chilenos, cumpliendo con los requisitos que establece la ley mencionados en el párrafo anterior.