Chile Forum

Hi, This is my first time here even though I have been living in Chile for years. So bear with me : )My questions are about divorce. I am an American who married a Chilean man 5 years ago. We have been separated for over a year, and I obtained an "abandoment de hogar" from the Carabineros in my town shortly after we separated. He was psychologically abusive and I had a court case that was settled with a judgment (Dec 2010) finding him guilty of psychological abuse and now he has a mark on his record for "violenca intrafamilia". I have not been physically in Chile since the judgment and had been receiving legal help from the Women's Center in my town. I was told that I do not have to wait 2 years to be legally separated, in order to get a divorce, because of the "violencia intrafamilia" judgment. I have not been able to get a response from the lawyer at the women's center over the last few months and wondered if anyone knows how to proceed. Can I get a divorce easily now? Does anyone know how much it costs? ALso, I do not work in Chile and have a temporary judgment for "alimentos provosorials" that my husband signed where he agreed to pay me 100,000cp per month since March 2010. He has never paid a cent and we went to mediation and we not able to come to any agreement and it was sent back to the court. Is there any way to attach his wages for the money, either in the past or currently? Thank you for whatever information or help you can give me or where to go/who to speak with. I live in the Aracania region. Thanks for reading! chao chao

oh, one other thing, I obtained my legal residency in Chile thru my marriage. When we get divorced, do I lose my residency? Thanks again

<REMOVED BY ADMIN VIOLATION OF TOS AGREEMENT>
As far as your husband not paying the court ordered maintenance, it seems that this is a normal practice in Chile, as the husbands know that it´s really difficult to enforce payment. Apparently, these days, if you have the energy to pursue him, he can end up getting a prison sentence ( normally having to pass a certain number of nights in a place specially designated ), but it still doesn´t get you your money. I´ve been told also that the maximum he can be forced to pay out is 60% of his income, so if he lies about his income, you may not get anything either. Good luck!

First, you should not be asking about such stuff on a public forum. Even this forum.

Second, to all the people posting competing law firms. Don't do it. Not paying for advertising to them.

Third, we do specialize in international divorce involving foreigners and Chile. If you would like speak to an attorney about it, you can reach my wife at the number in my signature.

admin wrote:First, you should not be asking about such stuff on a public forum. Even this forum.

Second, to all the people posting competing law firms. Don't do it. Not paying for advertising to them.

Third, we do specialize in international divorce involving foreigners and Chile. If you would like speak to an attorney about it, you can reach my wife at the number in my signature.

Sorry admin, I didn´t know I was stepping on your toes and had no idea that your company offered such services- obviously better than using a complete unknown. I was just trying to help

Yea, I know it kind of disconnect between happy expat relocation and unhappy expat divorce.

Hello!

A fictional question about the custody. I am married with a Chilena and we are living in Europe. Let's say we get divorced here and the local European authority declares that the custody of our son goes for example 50/50 (50% of his time with me and 50% with the mother). She says "Ok", moves to Chile with the kid, and when it's my turn to live with my son in Europe she gets un-cooperative and says "No way." What possibilities would I have to see my kid ever again? Do you know if this kind of situation has ever occurred? Do the Chilean authorities respect that kind of custody deals made by European authorities? How to prevent this kind of situation?

I guess I should get at least some kind of recognition for the European custody decision by the local Chilean embassy before allowing the kid to leave to Chile...

Chile is a party to the hague convention on international child abduction. You will need very specific legal advice for your particular situation, that is way outside the scope of this forum. However, I would recommend you take precautions under both countries' laws to avoid ever needing to get in to a hague convention custody battle because they typically bankrupt all parties involved and it is very possible the kids will be adults by the time it is resolved by the courts.