Análisis de la regulación del Divorcio Incausado; sus alcances legales y procedimiento en el Código Orgánico General de Procesos (COGEP).

Abstract

Abstract: In the Ecuadorian legal system there are two types of divorce, one by mutual agreement and another contentious, the latter requires the existence and demonstration of the reason for the occurrence, and occurs when only one of the spouses requests the termination of the marital relationship and the other opposes, which generates various physical, psychological, social, emotional and economic problems with repercussions especially on the children, because many times they decide to leave home because they cannot demonstrate a reason compatible with the situation of the spouse, this aggravates the damage to the family. From the point of view, the ineffectiveness of the use of the causes of divorce is analyzed, so that neither of the spouses can use it in the explanation of the causal relationship of the marital relationship, the type of definition has been adopted in other countries such as Spain and Mexico, where this institution is recognized as an aspect of the private life of people where the government does not interfere. The research was carried out using a mixed methodology, because it used both documentary research and non-experimental and quantitative descriptive research since surveys were applied to civil judges, lawyers and the Quito population, establishing that the majority of the respondents consider it necessary to implement the uncaused divorce, concluding that there is a need to include divorce without cause in Ecuadorian laws in order to protect family rights.