Divorce by Disaffection in Venezuela: The Modern "Express Divorce" Guide

Understanding the legal landscape of marriage in Venezuela requires looking back at its evolution. For decades, following the 1973 Marriage Law, nuptials were considered perpetual. It wasn't until 1982 that the "Divorce-Remedy" was introduced, though it remained an unpleasant and exhaustive process for many couples.

Today, Venezuela has modernized its legal framework. While traditional methods like mutual agreement or contentious lawsuits still exist, they are increasingly rare. The current standard is Divorce due to Disaffection, also known as the "Express Divorce."

What is Divorce due to Disaffection?

This type of divorce is based on the disappearance of Affectio Maritalis—the sentimental and emotional bond between spouses.

The legal beauty of this process is its simplicity:

• No proof required: Since "lack of love" cannot be proven in a traditional sense, no evidentiary activity is needed.

• Unilateral: It only requires the intent of one spouse. The signature of the other party is not mandatory for the divorce to proceed.

• No Appeal: Once granted, it is generally not subject to appeal, prioritizing the "free development of personality."

Which Court Handles the Case?

The competent court depends on your family situation:

1. Municipal Courts: If there are no children, or if the children are of legal age (18+).

2. LOPNNA Courts: If there are minor children involved, to ensure their protection and rights.

3. Jurisdiction: The filing must occur in the jurisdiction of your last shared residence or where the marriage was originally registered.

The Procedure: Steps and Requirements

To initiate a divorce due to disaffection, you must present:

1. The Petition: Drafted and endorsed by a Venezuelan lawyer.

2. Identification: Copies of ID cards (Cédula) for both spouses.

3. Marriage Certificate: An official, updated copy.

Timeline: Depending on the court's workload and your lawyer's efficiency, the process typically takes between one week and two months.

Divorcing from Abroad: The Power of Attorney (POA)

If one or both spouses are outside Venezuela, the process is still possible through a Power of Attorney.

• The Process: Your lawyer in Venezuela drafts the document, which you must sign at a Venezuelan Consulate to be apostilled.

• Consular Fees: These vary by country, though some payments related to child protection (LOPNNA) may be exempt.

• Important: Consular officials are prohibited from drafting legal documents. You must have a Venezuelan lawyer prepare the text to ensure it complies with local formalities.

What if I don't know where my spouse is?

If your partner is missing, the court still requires a "good faith" attempt to notify them. Recommended steps include:

• Verifying status via the CNE (Electoral Registry).

• Search attempts via social media or family contacts.

• Requesting the court to check migration movements via SAIME.

• Notification via newspaper postings (Edicto) if location remains unknown.

Essential Final Step: Registration

A divorce decree is not final until it is recorded in the Public Registry. Failure to do so means you remain legally married in the eyes of the State and cannot remarry.

María Alejandra Tuozzo M.

Consultant in Human Resources, Legal Compliance & Process Optimization.

With a multidisciplinary approach, I specialize in integrating GDPR standards into corporate DNA, ensuring that HR processes and legal frameworks work in harmony to protect both the organization and its talent.

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