Divorce in Ecuador - Even If You Married Abroad

Divorce laws can feel complicated when you’re living abroad, but the process in Ecuador is often more straightforward than most expats expect - even if the marriage took place in another country. Many foreign residents are surprised to learn that they can get divorced here, and today I’m breaking down exactly how it works.

Prefer video? Here’s the one I made on this topic:

Your Marriage Must Be Registered in Ecuador First

If your marriage took place outside of Ecuador, the Civil Registry will not automatically recognize it. Even if:

• Your cédula says “married,”
• Your spouse’s name printed on your cédula, or
• You submitted your apostilled marriage certificate when applying for your visa.

Those details come from the visa office, not the Civil Registry.

Ecuadorian law requires a separate marriage registration process before you can legally file for divorce here.

If you haven’t completed this step yet, stop here and check out our article (and video) dedicated to marriage registration in Ecuador. It explains why this step is essential, not optional.

Once your marriage is registered in Ecuador, you’re ready to proceed.

Yes! You Can Divorce Here Even if Your Spouse Lives Abroad

This is one of the biggest surprises for foreign residents.

Ecuador allows divorce as long as:

• At least one spouse is a temporary or permanent resident, and
• The marriage is registered in Ecuador.

Your spouse does not need to be in the country. They do not need to cooperate. And yes, you can complete the process even if you have lost contact with them.

The 3 Types of Divorce in Ecuador

1. Notarial Divorce (Fastest & Easiest)

If both spouses agree to divorce, this is by far the best option.

It is:

• Fast - finished in about 40 minutes
• Affordable
• Simple
• And can even be carried out through a Power of Attorney.

The notary finalizes the divorce and files it with the Civil Registry. Once registered, the divorce becomes fully valid in Ecuador.

2. Judicial Divorce by Mutual Agreement

If you prefer the court process, or the notary can’t accept your case for some reason, then you can file a mutual consent divorce with the court.

Key points to consider:

• Both spouses agree to divorce
• The process includes a single hearing
• You may appear in person or through a judicial POA
• It typically takes 6–8 months

Just like the notarial divorce, there is no need to prove any specific cause. You simply state that both parties agree.

3. Judicial Divorce Without Agreement (Unilateral Divorce)

If your spouse:

• Does not agree to divorce,
• Refuses to cooperate,
• Lives abroad, or
• Is completely out of communication.

Then you can file a unilateral divorce.

In this case, you must present evidence showing a valid cause. Examples include:

• Lack of harmony in the marriage
• Six months or more of separation
• Abandonment
• Psychological or physical violence

This process is more complex and usually takes around 10 to 12 months, but it allows you to move forward even if your spouse refuses.

And yes, this type of divorce can also be done with a judicial POA.

What If Children Are Involved?

If you and your spouse have minor children, Ecuadorian law requires that parenting matters be formally addressed before the divorce can be granted. Even in mutual consent cases.

Here’s what you need to know:

Both Parents Must Agree on Three Things

For notarial or judicial mutual agreement divorces, you must present a signed parenting agreement that specifies:

1. Custody
   • Ecuador typically prefers the parent who provides the primary daily care.
   • Shared custody is possible when both parents agree.
2. Visitation / Parenting Time
   • A schedule must be detailed enough to avoid conflict.
   • Long-distance or international arrangements are acceptable.
3. Child Support (Pensión de Alimentos)
   • Must meet or exceed Ecuador’s minimum child-support tables.
   • Payments can be made locally or internationally.

Without agreement on these three points, the case cannot proceed as a notarial or mutual consent divorce.

If Parents Do Not Agree

When parents cannot agree on custody, visitation, or child support:

• The divorce automatically shifts to a judicial process, even if both spouses agree to end the marriage.
• A judge will review the case to ensure the child’s rights are protected.
• The parenting decision becomes part of the final divorce judgment.

This protects the child’s welfare and ensures both parents’ responsibilities are clearly established.

What About Unilateral Divorce With Children?

In unilateral cases:

• The judge will independently analyze the best interests of the child.
• Evidence may be required regarding living conditions, stability, or parental involvement.
• Child support is mandated and calculated based on Ecuador’s guidelines.

Even if the other parent is abroad or unresponsive, the court still establishes custody, visitation (when possible), and child support obligations.

Requirements to Divorce in Ecuador

The core requirements are essentially the same for all three types:

1. Ecuadorian registration of your foreign marriage
2. IDs for both spouses (passport or cédula). At least one spouse needs to have an Ecuadorian cédula.
3. A certified translation if either spouse does not speak Spanish
4. For judicial divorces:
   • A judicial Power of Attorney if you want representation
5. For unilateral divorces:
   • Any supporting documentation or evidence

Once your marriage is registered and these documents are in order, the process moves smoothly.

Can My Ecuadorian Divorce Be Used in My Home Country?

Yes. Expat clients often ask whether an Ecuadorian divorce is recognized abroad.

Once finalized, your Ecuadorian divorce can be:

• Apostilled
• Translated
• Registered or filed in your home country, if required

We assist with every part of this so you avoid surprises later.

Why So Many Expats Choose to Divorce in Ecuador

Many couples prefer to finalize their divorce here because:

• Processes tend to be faster
• Costs can be significantly lower
• You do not need to return to your home country
• Representation through POA makes it extremely convenient
• Can then legalize divorce in your home country. You'll need to get it apostilled and translated in Ecuador.

For many residents, it’s simply the most practical option.

Final Thoughts

Getting divorced is never easy emotionally, but the legal process in Ecuador is often much simpler than expats expect - as long as your marriage is properly registered first.

Once that step is complete, you have three clear options:

• A fast notarial divorce
• A mutual consent court divorce
• Or a unilateral divorce if your spouse won’t cooperate

Whichever path you take, my team at Expat Law Group can guide you through the process. From marriage registration to representation in court, translations, notary coordination, and apostille services for use abroad.

Need Help Starting Your Divorce?

We’re here to support you. If you’d like guidance on the best path for your situation, or if you want us to handle the entire process on your behalf, start by scheduling a free call.

Sabrina Candela is an Associate Attorney at Expat Law Group, specializing in helping expatriates navigate Ecuador's legal system. This article is intended for informational purposes only and should not be considered legal advice.