Grounds for divorce in Costa Rica 2026.
LEGAL REQUIREMENTS AND OPTIONS
Grounds for divorce in Costa Rica: requirements and legal options
Deciding to end a marriage usually involves much more than filing a petition with a court. Before starting, it's advisable to determine the appropriate legal avenue, what facts need to be proven, and how the children, assets, and financial stability of the family will be protected.
In Costa Rica, Article 48 of the Family Code establishes the grounds for divorce and also outlines different ways to request it. Not all cases require proof of serious misconduct by the other spouse: currently, it is also possible to request a divorce based on irreconcilable differences, as well as to obtain one by mutual consent when both parties reach an agreement.
This guide explains the main options, their differences, and the aspects that should be reviewed before making a decision. Its content is for informational purposes only and does not replace a legal analysis of each family's specific circumstances.
What is a ground for divorce?
A ground for divorce is a fact or situation recognized by law that allows for the dissolution of a marriage. The appropriate legal process depends on what happened, the time that has passed, the possibility of proving the facts, and whether the spouses can reach an agreement.
Choosing the grounds for divorce is not a simple formality. It can influence the necessary evidence, the length and complexity of the process, the level of conflict, and the measures that must be requested to protect the children or the estate.
¿What are the grounds for divorce in Costa Rica?
Article 48 of the Family Code lists eight causes. Some respond to serious behaviors; others, to the passage of time or to the unilateral desire to end an incompatible coexistence.
1. Adultery
Adultery continues to be recognized as grounds for divorce. Anyone invoking it should bear in mind that a suspicion, a rumor, or a personal perception is not necessarily sufficient to prove it in court.
Evidence must be obtained and presented lawfully. Unauthorized access to devices, accounts, private conversations, or protected information can lead to further problems. Before gathering evidence, it is wise to determine which methods are relevant and legally permissible.
2. Attempted murder of spouse or children
The law addresses attempted murder of the other spouse or their children by one spouse. This is a particularly serious ground for divorce, which may be combined with urgent protective measures and legal proceedings in other jurisdictions.
When a person's safety is at risk, divorce should not be the sole priority. It is essential to immediately assess available security measures and preserve relevant documentation without exposing oneself to further danger.
3. Attempt to prostitute or corrupt the spouse or children
An attempt by one spouse to prostitute or corrupt the other spouse or their children also constitutes grounds for divorce. Due to the nature of the events, the case requires confidentiality, protection of the individuals involved, and a careful evidentiary strategy.
If there are minors involved, their best interests and safety should guide every decision, avoiding unnecessarily exposing them to the conflict.
4. Cruelty towards the spouse or children
Cruelty refers to acts of cruelty or mistreatment of particular severity against a spouse or children. It should not be automatically confused with every argument or marital difficulty: its assessment depends on the specific facts, their context, frequency, intensity, and available evidence.
When violence is involved, divorce may only be one part of the legal response. It may also be necessary to consider protective measures, housing, custody, visitation rights, and evidence preservation.
In cases involving attempted murder, attempted prostitution, or corruption and cruelty, the legislation also contemplates the possibility of claiming damages, provided that the applicable legal and evidentiary requirements are met.
5. Legal separation for at least one year
Divorce can be requested after a legal separation when at least one year has passed since its declaration and there is no reconciliation.
This cause is based on a previous judicial resolution. Therefore, it is not equivalent to the couple simply having lived in different addresses for a year.
6. Legally declared absence
The absence of one of the spouses, when legally declared, constitutes another ground for divorce. It is not enough that the person has left, has no contact with them, or their whereabouts are temporarily unknown: there must be a corresponding legal declaration.
In these cases it is also advisable to review the representation of the absent person, the notifications and the financial consequences of the process.
7. De facto separation for at least three years
Separation in fact for a period of no less than three years allows for a divorce petition. Generally speaking, this refers to the effective cessation of marital life during that period.
The start date of the separation can be disputed. Documents, addresses, communications, and other elements may be relevant to establishing the time elapsed. If a genuine reconciliation has occurred, its effect should be examined before invoking this ground for separation.
8. Character incompatibility
One of the spouses may unilaterally request a divorce due to incompatibility of character, provided that at least six months have passed since the celebration of the marriage.
This option allows the relationship to end without requiring the process to revolve around an accusation of adultery, cruelty, or other intimate misconduct. However, a unilateral divorce does not automatically resolve all its consequences.
Even if the other person does not want to remain married or there is no agreement on all the issues, it will still be necessary to address, depending on the case, custody, alimony, the communication regime, family housing and the distribution of assets.
If you would like to learn more about this option, please consult our divorce service based on character incompatibility.
Divorce by mutual consent: an additional path
Mutual consent is not one of the eight numbered grounds listed above; it is an additional option contemplated in the same article. 48 del Código de Familia.
This procedure is appropriate when both spouses wish to divorce and formalize an agreement in a public deed. The agreement must regulate matters pertaining to the family, including:
- The care, upbringing and education of minor children.
- Child support and, where applicable, spousal support.
- The distribution or preservation of marital property.
- Other commitments necessary to carry out the separation in an orderly manner.
Judicial intervention and the specific procedure depend, among other factors, on whether there are minor children and assets to be divided. A rushed or ambiguous agreement can lead to future conflicts; therefore, it is advisable to review its practical viability before signing it.
You can find more information on our page about divorcio por mutuo acuerdo en Costa Rica.
¿How to choose the right path to divorce?
The most emotionally significant cause of action is not always the most appropriate legal option. A responsible strategy weighs, at a minimum, the following factors:
Trial available
Some grounds for dismissal require proof of serious facts. It must be assessed whether the evidence exists, whether it was obtained legally, and whether it actually proves what is being alleged.
Level of agreement
If there is negotiation capacity, an agreement can reduce uncertainty and exposure. But the agreement is only recommended when it adequately protects both parties and the children; not when it is signed under pressure, fear or misinformation.
Minor children
Custody, visitation rights, and child support are determined in accordance with the best interests of the child. Divorce dissolves the marriage, but not parental responsibilities.
Assets and liabilities
Before negotiating, it's essential to identify assets, companies, investments, debts, guarantees, accounts, properties, and any other assets located in other countries. What isn't identified promptly can be more difficult to protect or dispute later.
Urgency and safety
If there is violence, a risk of asset concealment, flight from the country with minor children, or an immediate threat, the strategy should prioritize preventive and precautionary measures. The Family Code allows for the consideration of one spouse leaving the marital home once a divorce has been requested; its application depends on the specific circumstances and the decision of the competent authority.
¿What documents should be gathered before starting?
The list varies depending on the case, but initial preparation may include:
- Marriage certificate and birth certificates of the children.
- Identification of both spouses and contact or location details.
- Deeds, registry certificates and contracts related to real estate.
- Account statements, investments, company shares and vehicle documentation.
- Loans, mortgages, guarantees and other obligations.
- Proof of family income and expenses.
- Previous resolutions regarding pension, custody, visits or protection.
- Legally obtained documentation that supports the grounds invoked.
- Information on assets, marriages, or existing legal processes abroad.
It is not advisable to withdraw assets, empty accounts, sign transfers, or abandon your home as an immediate reaction without understanding the consequences. An impulsive decision can jeopardize negotiations, evidence, or asset protection.
Children, pension and communication arrangements
Divorce alone does not resolve all issues related to children. Depending on the case, it will be necessary to define:
- With whom they will usually reside.
- How parental responsibilities will be exercised.
- What will be the communication and contact regime?
- How food, education, health and extraordinary expenses will be covered.
- What measures are needed to protect their emotional and physical stability?
Agreements must be specific and enforceable. General expressions such as "extensive visits" or "equal expenses" can lead to disagreements if specific schedules, coordination mechanisms, and budget items are not established.
See also our pages on child custody and visitation rights.
Community property and asset protection
The dissolution of marriage and the division of assets are related, but not identical, matters. Before accepting a proposal, the date and method of acquisition of each asset, its ownership, any associated debts, and the applicable regulations must be analyzed.
In divorces involving family businesses, partnerships, high-value properties, trusts, investments, or international assets, an incomplete valuation can lead to a difficult-to-correct outcome. Coordination with financial, tax, or other jurisdictional professionals may be necessary.
To learn more, visit our section onmarital property in Costa Rica.
Marriages and assets abroad
If the marriage was celebrated outside of Costa Rica, one of the spouses lives in another country, or there are assets in different jurisdictions, the jurisdiction of the courts, the form of notification, the recognition of resolutions, and the execution of agreements must be reviewed.
It should not be assumed that a foreign judgment automatically produces all its effects in Costa Rica, nor that a Costa Rican ruling alone resolves issues concerning assets located in another country. These cases require a coordinated strategy from the outset.
Learn more about our international divorce service.
Frequently asked questions about the grounds for divorce
Do I need my spouse's consent to get a divorce?
Not necessarily. Irreconcilable differences allow for a unilateral request, provided the legal waiting period is met. However, the consent of both parties is essential for a divorce by mutual consent.
¿How long do I have to be married to file for divorce due to incompatibility?
Article 48 allows it to be requested once at least six months have passed since the celebration of the marriage.
Do I have to wait three years to get a divorce?
Not in all cases. The three-year period corresponds specifically to the cause of de facto separation. Other routes have different requirements.
Does infidelity always have to be proven?
If adultery is invoked as grounds for divorce, there must be sufficient and lawfully obtained evidence. If the person uses another ground, such as incompatibility of character, the evidentiary strategy is different.
Does a one-year separation equate to a legal separation?
No. Legal separation requires a prior court declaration. Living in separate residences for a year does not replace it.
Can I get a divorce if I don't know where my spouse is?
There may be alternatives, but a lack of location does not automatically equate to a legally declared absence. Notification rules and the circumstances of the case must be analyzed.
Is a divorce by mutual consent always faster?
It can be more efficient when there is a complete and workable agreement in place. However, disagreements about children, alimony, or assets can delay its preparation or necessitate a different procedure.
What happens to the family home?
It depends on ownership, the property's origin, any debts, whether there are children involved, and any court orders. It's not advisable to abandon, sell, or encumber the property without prior legal advice.
¿Is custody automatically granted to one of the parents?
No. Decisions must respond to the best interests of the minor and the specific circumstances of the family.
Can I claim damages?
The law allows for this possibility in certain serious cases, including attempted murder, attempted prostitution, corruption, and cruelty. Its application requires legal analysis and evidence.
¿Qué pasa si tenemos deudas en común?
Las deudas deben identificarse y revisarse junto con los activos. Un acuerdo entre cónyuges no siempre modifica por sí solo las obligaciones frente a bancos u otros acreedores.
¿Can I use private messages as evidence?
Admissibility depends on how the information was obtained, its authenticity, and its relevance. Do not access accounts or devices without authorization; seek guidance before collecting or submitting private information.
Can I get a divorce in Costa Rica if I got married in another country?
In certain cases yes, but the marriage registration, the jurisdiction, the residence of the parties and the effects of the judgment in the jurisdictions involved must be reviewed.
How long does a divorce process take?
There is no single deadline. The route chosen, the complexity of the evidence, notifications, the existence of children, assets and the level of controversy have an influence.
Before submitting the application
Early consultation allows for comparing available options, preserving evidence, identifying asset risks, and preparing achievable agreements. This is especially important when there are minor children, businesses, high-value properties, international assets, or a dynamic of violence or control.
At SAP Legal we have professionals with more than 43 years of experience in family law in Costa Rica. We analyze each case confidentially to define a strategy in accordance with your personal, family and property circumstances.
Request a confidential consultation:
Email: [email protected]
Sitio web: https://sap.cr
Legal sources and applicable regulations:
- Family Code of Costa Rica, article 48and related regulations, Costa Rican Legal Information System of the Attorney General's Office: https://www.pgrweb.go.cr/DOCS/NORMAS/1/NOVIGEN/L/1970-1979/1970-1974/1973/3CA/16E748.HTML
- Legislative Assembly of Costa Rica, legislative information on the reform that incorporated divorce due to incompatibility of character: https://www.asamblea.go.cr/glcp/Lists/res_de_leyes/DispForm.aspx?ID=1306
Last suggested editorial and legal review before publication: August 2026. Regulations and judicial criteria may change; please check the text in force at the time of publication.
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