Expert: Lic.Gregory Kearney Lawson. - 4/25/2011

Question
Two U.S. citizens with CR residency (child born here), married in the U.S. and longer than three years, own property with house (has hipoteca), currently living in Costa Rica with no plans to move, what is required to get a divorce and what are the rights of the husband, the rights of the wife, and the rights of the child. Thank you!

Answer
Ms.Elise
The three year wait is now not a requirement.
You will need to send for a Marriage certificate from the USA and register it in Costa Rica,before having it registered it must be sent to the state department in the USA and the Costarrican Embassy, then sent your Lawyer in Costa Rica.
The divorce can be a mutual agreement divorce if both of you agree on the terms, the husband and wife have the right to half of the marital assets each, both can have joint custody and/or visitation rights, both have the right to receive alimony depending on the conditions of each spouse, which is usually the wife who receives it or both may waive the right.
The child has the right to receive child support from both parents, has the right to live with one parent and be visited by the other or spend time with the other parent, both are responsible for the childs health, education and welfare.
All these rights may vary depending on each individual case.

Lic.Gregory Kearney Lawson.
attorneykearney@yahoo.com
attorneykearney.blogspot.com