No menu items!

COSTA RICA'S LEADING ENGLISH LANGUAGE NEWSPAPER

HomeArchiveCourt: Women Don’t Have To Wait After Divorce

Court: Women Don’t Have To Wait After Divorce

Costa Rica’s

Constitutional Court

has struck down a law that obliged women – but not men – to wait 300 days after a divorce before they could remarry.

By coincidence, the decision was made on Feb. 14 – Valentine’s Day.

Article 16, section 2 of the Family Code said that women must comply with the 300-day rule before taking a new husband unless two medical doctors confirm that she is not pregnant, or if she gives birth within the time period.

The law was originally intended as a way of protecting fathers’ parental rights.

However, by a majority verdict, the court agreed with lawyer Kattia Umaña, who argued the law was both unconstitutional and unnecessary.

Speaking to The Tico Times, Umaña explained that, under the law, “Once a divorce was entered into the civil register, the man could get married the following day but not the woman.”

So, because of the principle of equality in Article 33 of the Constitution, which states  that “every person is equal before the law,” the rule should not exist because it contravenes the Constitution.

In addition, she noted that the law “was also unnecessary because, although it claimed to guarantee the parentage of children, there are other absolutely failsafe methods to do that,” such as DNA testing.

Umaña said the ruling made her “very satisfied and proud” and added, “For me, it was a privilege to be able to contribute something important for the women of Costa Rica.” She said she took up the case primarily “because of my status as a woman.”

Ana Carcedo, president of the Feminist Information and Action Center (CEFEMINA), a Costa Rican nongovernmental organization dedicated to the defense of women’s rights, said that the decision marked “an important step forward.” She told The Tico Times that “this is an important advance, as it eliminates a piece of sexual discrimination that was part of national legislation.”

She added that there was still a lot of work to do to ensure equality for women, because, despite the constitutional guarantee, casual discrimination against women remains widespread in the country.

Despite last week’s ruling, Carcedo also noted that women in Costa Rica are still subject to other restrictions. Unlike many Western countries, both abortion and in vitro fertilization treatment remain illegal.

 

 

Trending Now

Tropical Wave 41 Crosses Costa Rica With Afternoon Storms and 75 km/h Gusts

Tropical wave No. 41 moved into Costa Rica before dawn today, and the part that matters for the rest of your day arrives after...

Costa Rica’s president says US ground operations would benefit national security

President Laura Fernández said US ground operations on Costa Rican soil would be good for national security if they pursued shared targets, while stressing...

Thousands of Olive Ridley Turtles Come Ashore in One of the Year’s Largest Arribadas

One of 2026's largest arribadas began Friday at Ostional in Guanacaste, as thousands of olive ridley turtles came ashore to nest. Counts are still pending.

Snoop Dogg Announces First Ever Costa Rica Concert

Snoop Dogg will perform in Costa Rica for the first time on Thursday, December 3, at the Centro de Eventos Pedregal in Belén de...

Costa Rica’s Two Biggest Soccer Clubs Meet Saturday Night in Alajuela

Costa Rica's two most popular soccer clubs, Alajuelense and Saprissa, play each other Saturday night in Alajuela. Kickoff is at 8 p.m. at the...

Costa Ricans Back Fernández but Most Say Chaves Still Calls the Shots

President Laura Fernández has passed her first 100 days in office with the approval of nearly two-thirds of Costa Rica. She has also passed...

Costa Rica Free Zones Lose Jobs for First Time in Seven Years

Employment in Costa Rica’s free-zone regime fell year over year in July for the first time in seven years, ending a long stretch of...

Costa Rica Faces a Future with Far Fewer Children

Costa Rica marked Children’s Day on Wednesday with a demographic reality that is already changing the schools and will eventually reshape its workforce: there...

Lawmakers Question Cuts to Quake and Volcano Monitoring Hours Before Uvita Tremor

Legislators on the Legislative Assembly's budget committee are challenging a reduction in 2027 funding for the scientific networks that monitor earthquakes, volcanoes and weather...
Avatar
🌴 The Weekly Pura Vida

Costa Rica, Once a Week

The week's top stories, weather & insider tips — delivered every Sunday. One email, zero clutter.

🔒 Free. No spam. Unsubscribe anytime.

Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel