Types of Divorce in Costa Rica in 2026

When a marriage comes to an end, the first question is usually emotional: “How do we get through this situation?” The second should be strategic: “Which option best protects my children, my assets, and my future stability?” In Costa Rica, there is not just one way to get divorced. The appropriate option depends on whether both spouses agree, whether there are minor children, whether there are assets to divide, and whether the conflict requires proving a specific legal ground for divorce.

The legal framework changed recently. Law No. 10650, published on April 8, 2025, amended Article 48 of the Family Code and confirmed eight grounds for divorce, in addition to divorce by mutual consent. Therefore, an updated guide for 2026 should distinguish between legal grounds for divorce and the practical procedures available for filing and processing a divorce.

This is the appropriate route when both spouses not only wish to divorce, but are also able to reach a complete and legally sound agreement. It does not mean that there are no differences; rather, it means that those differences can be resolved through negotiation and documented in an agreement executed as a public deed.

Under the current Article 48, the agreement must address, as applicable:

• The physical custody of the parties’ minor children.
• The child support obligation and the proportion to be assumed by each parent.
• The existence or absence of a spousal support obligation and, where applicable, the amount thereof.
• The ownership and distribution of the assets comprising each spouse’s estate.

A poorly drafted agreement can bring the marriage to an end while opening the door to several new disputes. It should precisely address real estate, vehicles, business interests, loans, bank accounts, investments, liens and other registered encumbrances, extraordinary expenses for the children, and mechanisms for enforcing each obligation.

If there are no common minor children and no assets that need to be addressed in the agreement, the public deed may be submitted directly to the Civil Registry for approval and registration. If there are minor children or assets that must be regulated, the agreement is subject to judicial review in accordance with the Family Procedural Code.

When the court filing is not made jointly, Article 48 establishes a three-month period from the date the agreement is executed before a notary public. In addition, provisions concerning the rights of the children may be modified by the court when approving the agreement, because the best interests of the children take precedence.

Irreconcilable differences are the most relevant ground when one spouse has decided to end the marriage, but there is no agreement to pursue a consensual divorce. The current Article 48 recognizes it as an independent legal ground. Its purpose is to ensure that the continuation of the marital relationship does not depend indefinitely on the other spouse’s willingness to remain married.

Unlike fault-based grounds for divorce, this provision is not intended to turn the proceedings into a moral judgment about who was “at fault.” The Family Court has characterized it as a remedial ground: it addresses the breakdown of the marital relationship and the impossibility of maintaining a shared life together.

Important for 2026: The current text of Article 48, as amended by Law No. 10650, no longer includes the former requirement to wait six months from the date of marriage. Because the facts and litigation strategy vary from case to case, it is advisable to review each situation before filing and not rely on versions of the law that predate April 2025.

Not necessarily. The lack of consent may prevent the parties from pursuing a divorce by mutual agreement, but it does not require a person to remain married. The proceedings will continue through the judicial process, and the court will rule on both the dissolution of the marriage and any personal or property-related claims that have been properly raised.

Nevertheless, obtaining a divorce and resolving all of its consequences are two different matters. The other spouse’s opposition may focus on custody, the parenting time and communication arrangement, child support, the family home, or whether certain assets should be considered marital property.

Article 48 of the Family Code It recognizes eight grounds for divorce. Some are based on serious conduct attributable to one spouse, while others arise from the passage of time or the objective breakdown of the marital relationship.

Choosing a more confrontational ground for divorce does not always lead to a better outcome. The decision should take into account the available evidence, the applicable time limits, the impact on the children, the disclosure of private information, and the client’s financial and property-related objectives.

There is no one-size-fits-all answer. As an initial guideline:

Divorce does not terminate parental responsibility. Custody, residence, parenting time and communication, child support, and the manner in which important decisions regarding education, healthcare, and travel will be made must be established. Such agreements are subject to the best interests of the minor child and may be reviewed by the court.

Before entering into negotiations, it is essential to prepare an inventory of assets acquired during the marriage, separate assets, companies, trusts, debts, guarantees, improvements, income, and registry documents. Whether an asset is classified as marital property or separate property depends on its origin, date, method of acquisition, and the available evidence—not merely on whose name appears as the registered owner.

In divorces involving companies, business interests, real estate, international investments, or trust structures, an improvised division of assets can affect corporate control, liquidity, taxes, and business continuity. It is often necessary to coordinate legal, financial, registry, and accounting analyses.

If either spouse lives in another country, the marriage was celebrated abroad, or there are assets located outside Costa Rica, issues of jurisdiction, international service of process, applicable law, translations, apostilles, and recognition of judgments must be analyzed. A divorce that is valid in one country does not always produce automatic legal effects in another.

Editorial Note This content is provided for informational purposes only and does not substitute for individualized legal analysis. The appropriate strategy, applicable deadlines, and evidentiary requirements should be reviewed based on the circumstances of each case and the law in effect at the time of taking action.