How to Get Divorced in Costa Rica: Notarial (Fast) or Judicial Route

In Costa Rica there are two very different ways to get divorced, and which one applies to you depends on whether there is an agreement between both spouses and whether there are minor children.

**Vía notarial (mutuo consentimiento, sin hijos menores, sin bienes gananciales)** — the fastest:

• A public notary drafts and records a **public deed** where both spouses express their unequivocal will to separate.
• Key requirement: the deed must expressly state that **there are no minor children** in the marriage **nor marital assets**, and you must provide certifications of movable and immovable property from the Registro Nacional.
• Both spouses must appear in person before the notary (representation is not allowed) and sign the deed together with the notary and any adult children, if there are any.
• The notary sends the request for **homologation** to the TSE (Tribunal Supremo de Elecciones) — electronically to the email divorcios@tse.go.cr, or in person — so that it is registered and takes legal effect.
• **Resolution time: 30 business days. It is free** (the actual cost is the notary’s fee for the deed, not the homologation procedure itself).
• Legal basis: Código de Familia (Ley N.º 5476), artículo 60; Ley Orgánica del TSE y del Registro Civil, artículo 95.

**Vía judicial** — when there are minor children, there is no agreement between the parties, or there are disputed assets/pensions: the process is handled by a Family Court of the Poder Judicial, not a notary. It takes longer because the judge must review and approve the agreement (custody, upbringing and education of the children, alimony, visitation schedule, division of assets) or resolve the dispute if there is no agreement. For this route a litigating lawyer is required — it is not a procedure that can be resolved solely with a notary.

Note: even if there is an agreement, if there are minor children **the notarial route cannot be used** — the agreement on alimony and child custody needs judicial supervision, not just notarial, to protect the child’s interest.