The divorce process in Costa Rica: stages, timelines and effects

The two routes: consensual or contested

In Costa Rica, divorce can be processed in two main ways: by mutual consent (consensual) or for cause (contested), as set out in the Family Code.

In consensual divorce, both parties agree to dissolve the marriage and sign an agreement on assets, children, and child support. In contested divorce, one party requests the divorce invoking one of the grounds in article 48 of the Family Code, or for de facto separation of more than three years.

Stages of a consensual divorce

A consensual divorce is generally faster and less costly. It usually follows these stages:

• Initial meeting with the attorney to define the scope of the agreement
• Drafting the agreement: marital assets, custody, visitation, support
• Filing the complaint with the agreement signed by both parties
• Hearing before the Family Court (often available virtually)
• Judgment approving the agreement and dissolving the marriage
• Registration of the judgment with the Civil Registry

Stages of a contested divorce

A contested divorce requires proof of the ground invoked. It is a longer process in which the judge decides the disputed points: assets, custody, support, moral damages.

• Complaint with a specific ground and offer of evidence
• Service and response by the defending party
• Evidence phase: documentary, testimonial, expert
• Conciliation hearing and, if applicable, oral trial
• Judgment and possible appeals (apelación, casación)
• Registration of the final judgment with the Civil Registry

Estimated timelines

Timelines vary with complexity and court workload, but as a general reference:

• Consensual divorce: 2 to 4 months from filing
• Simple contested divorce: 6 to 12 months
• Contested divorce with disputed assets or children: 12 to 24 months or more

Effects on assets

Divorce liquidates the marital property regime. In Costa Rica, absent matrimonial agreements, the deferred-participation regime applies to marital assets: each spouse is entitled to half of the patrimonial increase obtained during the marriage, subject to legal exceptions.

If the parties agree, they may distribute the assets in the same agreement. Without agreement, the judge will liquidate them based on the evidence presented.

Custody, visitation and child support

These topics may be included in the consensual divorce agreement, or resolved in separate proceedings before the Child Support Court. Support is set considering the needs of the children and the financial capacity of the obligor.

Custody and visitation decisions may always be modified if circumstances change and there is a justified reason.