{"id":4909,"date":"2026-08-21T12:53:24","date_gmt":"2026-08-21T18:53:24","guid":{"rendered":"https:\/\/www.sap.cr\/?p=4909"},"modified":"2026-08-28T12:03:31","modified_gmt":"2026-08-28T18:03:31","slug":"causales-de-divorcio","status":"publish","type":"post","link":"https:\/\/www.sap.cr\/en\/causales-de-divorcio\/","title":{"rendered":"Grounds for Divorce"},"content":{"rendered":"
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Grounds for divorce in Costa Rica 2026.<\/h1>

LEGAL REQUIREMENTS AND OPTIONS<\/p><\/div>\n\n\n\n

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Grounds for divorce in Costa Rica: requirements and legal options<\/span><\/h2>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

What is a ground for divorce?<\/span><\/h2>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

\u00bfWhat are the grounds for divorce in Costa Rica?<\/span><\/h2>\n

Article 48 of the Family Code<\/strong> lists eight causes. Some respond to serious behaviors; others, to the passage of time or to the unilateral desire to end an incompatible coexistence.<\/span><\/p>\n

1. Adultery<\/span><\/h3>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

2. Attempted murder of spouse or children<\/span><\/h3>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

3. Attempt to prostitute or corrupt the spouse or children<\/span><\/h3>\n

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.<\/span><\/p>\n

If there are minors involved, their best interests and safety should guide every decision, avoiding unnecessarily exposing them to the conflict.<\/span><\/p>\n

4. Cruelty towards the spouse or children<\/span><\/h3>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

5. Legal separation for at least one year<\/span><\/h3>\n

Divorce can be requested after a legal separation when at least one year has passed since its declaration and there is no reconciliation.<\/span><\/p>\n

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.<\/span><\/p>\n

6. Legally declared absence<\/span><\/h3>\n

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.<\/span><\/p>\n

In these cases it is also advisable to review the representation of the absent person, the notifications and the financial consequences of the process.<\/span><\/p>\n

7. De facto separation for at least three years<\/span><\/h3>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

8. Character incompatibility<\/span><\/h3>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

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.<\/span><\/p>\n

If you would like to learn more about this option, please consult our divorce service based on character incompatibility.<\/p>\n

Divorce by mutual consent: an additional path<\/span><\/h2>\n

Mutual consent is not one of the eight numbered grounds listed above; it is an additional option contemplated in the same article. 48 del C\u00f3digo de Familia<\/strong>.<\/span><\/p>\n

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:<\/span><\/p>\n