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DIVORCES IN PANAMA

In SPECIALISTS IN FAMILY LAW, we have the necessary experience to ensure that the Divorce process in Panama is as bearable as possible; this in view we realize that more than a termination of a marriage, Divorce represents a stage of much emotional stress, it brings many contradictions in a person, so before proceeding to file for Divorce, we always recommend an analysis and case assessment by experts in relationships, in order to determine whether or not the need for a process of this type.

In that sense, we also understand that there are cases where we are in the presence of irreconcilable differences between the spouses, so the marriage is not justified, in these cases where we always recommend trying to reconcile positions and set aside to undergo conflict a process of non-contentious divorce, that is to say that a divorce in Panama by mutual consent, is faster, cheaper and less traumatic for all the parties and to the children born in wedlock.

(Image)But ultimately, if we do not reach to an agreement, it is necessary to guide and advise our clients to a divorce inPanama for grounds “conflictive” that is to say a divorce where it is necessary to sue the other party and prove the facts on which the claim is based, to obtain the dissolution of the marriage and in some cases the guilt or innocence of a spouse, then proceed respectively in a process of liquidation of the marriage economic system.

In this regard, it is noted that in our legislation the grounds for a divorce in Panama are unequivocally set out in the Family Code; reason by which for each particular case, it is necessary to make a detailed examination of the case in order to establish from the beginning to what ground or grounds we are, and what is the probative material that it has, since we must always remember that who alleges facts is that shall have the burden of proof in the process, so we advise our constituents to bring in judgment the elements of evidence tending to show the statements in the lawsuit.

Divorce Act in Panama:

According to Law No. 3 of May 17, 1994, are grounds for divorce in Panama the following:

1. The attack of one spouse against the other’s life, or their sons, daughters, stepsons or stepdaughters;
2. The cruel physical or psychic  behavior that makes impossible the peace and domestic tranquility;
3. Extramarital sex;
4. The proposal of one spouse to prostitute the other;
5. The outbreak of the husband or wife to corrupt or prostitute their sons, daughters, stepsons or stepdaughters, or the complicity in their corruption or prostitution;
6. The absolute abandonment by the husband of his duties as a husband or father, and by the woman, her duties as wife or mother, if at the filing for divorce it have been at least six (6) months, counted from the day the causal, except in the case of abandonment of pregnant women, in which case, the term shall be three (3) months;
7. The habitual and unjustified use drugs or psychotropic substances;
8. Habitual drunkenness;
9. De facto separation for more than two (2) years, even if they live under the same roof;
10. Mutual consent of the spouses if the following conditions are met:
    1. That the spouses are bearing of age;

1. That marriage is at least two years of celebrated; and

1. The parties reaffirm their request for divorce two months after filing for divorce and before six (6) months of that presentation.