Unilateral Divorce: A Step Toward Emotional and Legal Freedom in Colombia

Life as a couple, although often a source of well-being, can also become an emotional burden when the relationship has deteriorated. In Colombia, this acknowledgment led to one of the most anticipated reforms in family law: the approval of unilateral divorce, also known as free divorce. This law was enacted in January 2025 by President Gustavo Petro and marks a historic shift in how people can end their marriage. There is no longer a need to justify any cause or obtain the approval of the other spouse—just the legitimate desire not to continue is enough.

For many abogados cali, this concept represents not only a legal advancement but also a humane tool that protects dignity, emotional health, and individual freedom. It is especially significant for those living abroad, as it allows them to close a chapter without having to return to the country. For Colombians overseas, this change offers a concrete and timely solution that avoids costly procedures, unnecessary travel, and prolonged emotional strain.

What is Unilateral Divorce or Free Divorce?

Unilateral divorce is the right of any married person in Colombia to end the marital bond without having to justify a specific reason or cause, nor obtain the consent of the other spouse. Unlike divorce by mutual agreement, this concept prioritizes individual will as a legal principle. It is enough for one of the parties to freely and consciously decide not to continue the marriage.

Before this reform, divorce required causes such as infidelity, abandonment, abuse, among others. This model often prolonged people’s emotional suffering, trapping them in relationships due to fear, financial dependence, or the inability to prove a cause. With the implementation of free divorce, the State recognizes that no one should have to justify why they want their freedom.

For those living outside the country, this reform is a relief: it is no longer necessary to return to Colombia or face long or in-person processes. The law allows a lawyer to act on behalf of the interested party through a power of attorney, handling the entire process efficiently—even from embassies or consulates.

Benefits of Unilateral Divorce for Colombians

For many of the mejores abogados en cali colombia, unilateral divorce has unique benefits. Among the most notable are:

• It simplifies the divorce process.
• It deeply respects each individual’s will.
• It helps prevent and combat domestic violence.
• It speeds up the resolution of unsustainable marital situations.
• It protects the mental health of family members.
• It reinforces human dignity by allowing a peaceful and conflict-free exit.
• It greatly facilitates the process for Colombians living abroad.

This new legislation eliminates the need for justifying causes. However, the obligation to provide support for children and spouses remains, according to the legal interpretation and proposal presented before the judge.

Additionally, according to Chaux Jaramillo Abogados, this concept fully supports the use of divorce by proxy, which means that a person living abroad can authorize a lawyer in Colombia to carry out all procedures on their behalf without having to return to the country. This possibility opens a door to freedom for those who have built a new life outside of Colombia but need to close past chapters in a dignified and legal way.