What are the steps to get divorced in Cuba between Cubans and foreigners?
- Determine whether the notarial or judicial route applies
- Gather the marriage certificate and ID documents
- File the request with the notary or competent court
- Arrange apostille and translation if the divorce will be used abroad
The 7 general steps of the process
Case review
Determine which route applies to your situation.
Documents
Marriage certificate, IDs, and any agreement on minor children.
Filing
Submit the formal request to a notary or court.
Notary or court
The competent authority reviews the case.
Deed or ruling
Notarial deed or judicial decision is issued.
Apostille
Legalization and certified translation, if needed abroad.
Foreign registration
Recording the divorce with the civil registry or consulate abroad.
Request an informational consultation
Notarial or judicial divorce: the first decision
Cuba’s current Family Code allows two routes. Notarial divorce applies when both spouses agree to dissolve the marriage and agree on every aspect concerning minor children, if any; a notary can formalize the deed within weeks. Judicial divorce applies when there is no agreement, when the prosecutor issues an unfavorable opinion on the proposed arrangements, or when one party does not appear: in these cases a municipal court decides, and the process can take several months.
| Aspect | Notarial route | Judicial route |
|---|---|---|
| Agreement between spouses | Required | Not required |
| Minor children | Allowed with full consensus | Allowed, custody is regulated |
| Typical timeframe | 2-4 weeks | Several months |
| Approximate cost | About 50-150 US$ | Variable by case |
Divorce by default (rebeldía): when one spouse refuses or won’t show up
The other spouse’s consent is not required to get divorced in Cuba. When agreement is missing, or when one party simply fails to appear, the process does not stop: it continues through the judicial route, either as a contested divorce or, most commonly, as a divorce by default (por rebeldía).
Cuba’s Family Code expressly states that any waiver of the right to request a divorce is null and void, even if agreed upon beforehand: no one can be forced to remain married against their will. Readers who want the full official text of the law can consult the publication on the Cuban Parliament’s website or the relevant Wikipedia entry.
| Type of judicial divorce | When it applies | Approximate timeframe |
|---|---|---|
| Uncontested (allanamiento) | The respondent accepts the claim | Up to 45 days |
| Contested (oposición) | The respondent challenges the claim | Up to 4 months |
| By default (rebeldía) | The respondent does not appear in court | Up to 4 months (longer if abroad) |
When the respondent spouse does not appear at court hearings within the deadline set (generally 20 days), the process continues «in absentia»: no further search efforts are made, and the court may order precautionary retention of that spouse’s assets if the other party requests it. The claimant must still prove the breakdown of the marriage, typically presenting three or more witnesses before the court.
When the spouse lives abroad
This is the most frequent scenario among the couples we accompany: one spouse lives outside Cuba and does not respond or cannot be located. In these cases, notification happens through a letter rogatory between the courts of both countries — a process that can take one to two years — or, if the person cannot be found, through posting on the court’s public notice board, after which the case proceeds by default regardless.
Your case may have different nuances
This guide explains the general procedure, but every couple’s situation can be different. Nationality, the country where the divorce needs to be recognized, minor children, shared property and available documents can all change the order and complexity of the steps involved. That’s why we offer a personalized informational consultation to review your situation and guide you on requirements, documents and possible issues to check before starting the process. Our service is informational: it does not replace a consular, notarial or judicial authority, but it helps you understand the steps better.
Tell us your case on WhatsApp →Our experience in this field does not come only from studying regulations. Beyond organizing complete weddings in Cuba with A-to-Z wedding planner services, we work daily from an institutional base linked to the Palacio de los Matrimonios del Vedado, which lets us follow real marriage and post-marriage processes closely, along with the documents usually requested and the most frequent mistakes affecting Cuban and foreign couples. On Bodascuba.me we’ve also covered the legal requirements, pricing and complete wedding organization in Cuba, useful for understanding the legal framework that later governs how a marriage is dissolved.
Anyone facing a binational situation can also find initial guidance in the Sposamore.com article on the requirements to marry in Cuba as a foreigner, and those looking for a general introduction can check our introductory guide to the legal requirements.
Timelines and the most common mistakes
Notarial divorce is usually resolved in 2-4 weeks once documentation is complete. Judicial divorce can take several months, especially with minor children involved or when one party lives outside Cuba and must be formally notified. The most common mistakes involve outdated powers of attorney, missing Hague apostilles on documents intended for use abroad, and unofficial translations rejected by the consulate or civil registry of the destination country.
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Our three unified brands — Bodascuba.me, Sposamore.com and ModaHabana, under the direction of Mauro Papace — are also reviewed on TripAdvisor (the listing appears under the name «Sposamore», though all three brands operate as one from the same location): see reviews.
About the author
Mauro Papace is CEO and Wedding Planner of Bodascuba.me, Sposamore.com and ModaHabana, operating from the Palacio de los Matrimonios del Vedado in Havana. Recognized as Luxury Wedding Planner in Cuba by the Luxury Lifestyle Awards 2026. Read his LLA interview.
Frequently asked questions
Is the divorce procedure in Cuba the same for every nationality?
No, the basic procedure follows Cuban law, but document requirements vary depending on the foreign spouse’s nationality, country of residence, and the country where the divorce must later be recognized. That’s why we always recommend a specific case review before starting any process.
What changes if one spouse lives outside Cuba?
If one party lives abroad, a legalized and apostilled power of attorney is generally required, along with formal notification that can extend the timeline, especially in the judicial route. These aspects must be checked case by case.
Can I get guidance without starting a process right away?
Yes, we offer a personalized informational consultation designed for anyone who wants to understand the general steps before starting, with no obligation to proceed. It is a guidance service, not legal case management.
Which documents are usually reviewed before starting a divorce?
Typically the original marriage certificate, ID documents, any agreement regarding children or shared property, and, if applicable, the power of attorney for the spouse residing abroad. Each document must be checked to avoid rejections or delays.
What exactly does «divorce by default (rebeldía)» mean?
It means the court continues and concludes the divorce process even if the respondent spouse does not appear at hearings within the set deadline, generally 20 days from notification. Their consent or presence is not required for a ruling to be issued.
If my ex-spouse lives abroad, is divorce by default still possible?
Yes, but notification may require a letter rogatory between the courts of both countries, which can take more than a year, or public notice board posting if the person cannot be located. Each case must be assessed individually to estimate realistic timeframes.
Why is a personalized consultation better than following a general guide alone?
Because a general guide explains the average procedure, while nationality, children, shared property and the destination country change the real order and complexity of the steps. A personalized consultation reviews your specific situation and flags potential issues before they turn into delays.