In Central America, the idea of ending a marriage is still a very contentious topic. Knowing what to ask for in a divorce agreement is essential for navigating this in the most sensitive way. In this article, we’ll be highlighting the different opinions that surround divorce across Central American countries.
Central American countries have very low divorce rates on the whole — Guatemala actually has one of the lowest rates worldwide. However, this tide seems to be slowly shifting for a number of reasons. These nations have traditionally emphasized the family unit. That said, people are now recognizing that an unhappy, unfair, or abusive marriage will never lead to a thriving home.
All of Central America currently offers some type of divorce, though these laws naturally vary by country. Collectivism and conservatism are still highly popular ideologies across these countries. Some of these people see divorces as a moral failing, or a necessary evil at best. However, this region is by no means a monolith; divorce laws still have many ardent supporters.
There are a number of global trends and cultural factors that are contributing towards this clash of values. Traditionalism and modernity are often at odds in these countries — making divorce a particularly interesting debate. Here are some of the reasons for these shifting attitudes.
Central America is roughly 95% Christian, with Catholicism as the dominant branch in all seven countries. Most Catholics don’t recognize divorce, with some even regarding it as a sin. For the most part, Central American Catholics are incredibly traditional and would instead prefer to end marriages through an annulment.
The urban areas of Central America are generally more modern and accepting. The World Bank Group estimates that the region’s urban population will double by 2050. Their findings also show that 59% of citizens already lived in cities by 2017. As this grows, so will positive divorce views.
Younger people in Central America are using educational resources that their older peers never had, including the Internet. This means that global perspectives are shaping their views. Though there are still a lot of countries that frown on divorce, Western opinions (especially from younger generations) are mostly positive.
As more women succeed in the workforce, they’re gaining a measure of financial independence their mothers may not have had. This means they’re now able to divorce their spouses without leaving themselves destitute. Over time, fewer Central American women will feel obligated to stay in an unhappy marriage.
While it’s possible to get a divorce in any part of the region, there are some specific parameters to be mindful of. Here’s a quick rundown by country:
Belize: Divorce is only possible after one year of marriage if uncontested. This was three years until 2018.
Costa Rica: Either side can file for divorce at any time. This can be for incompatibility or serious domestic issues.
El Salvador: Under the Family Code, the couple has to try mediation before they can go ahead with a divorce.
Guatemala: Both parties must agree to a divorce (whether it’s fault-based or no-fault) or it will go to the courts.
Honduras: The country’s constitution allows it, but no-fault divorce is only possible when separated for two years.
Nicaragua: Recognizes unilateral (i.e., not mutual) divorce — a relative rarity in Central American countries.
Panama: Unilateral divorce can only happen after two years of separation, otherwise, they need a compelling reason.
Looking closely at Costa Rica, we can see there’s no explicit waiting period for a couple wanting to divorce. However, if separation is their main reason, they’ll likely need to be separated for 1-3 years first. As with most countries, a mutual divorce will always go a lot more smoothly than a contested one.
There are many possible reasons for a divorce beyond mutual agreement. This includes general incompatibility, adultery, cruelty, forced prostitution, and more. However, they have to file within a year of discovering the problem at hand. Throughout divorce cases, Costa Rica’s lawyers can help citizens navigate property division, child support, and a wide range of other concerns.
In 2010, the United Nations found there were 2.5 divorces for every 5.3 marriages in Costa Rica. The country’s laws are relatively liberal in this regard, and people seem to be making use of them. In time, however, as this rate changes, we can expect the country will become even more comfortable with divorce as a concept.
We can only predict how people will view divorce in Central America over the years. However, in any country, a legally-binding agreement is necessary to set out fair and legal terms. This has to fit your nation’s specifics laws and requirements.
