El divorcio por causal dentro del COGEP y su posible reforma a causa de la admisión N°- 71-21- IN de la Corte Constitucional

Abstract

Abstract: In Ecuador, contested divorce is a legal process that can be requested for various reasons, such as abandonment of the home for more than six months by one of the spouses, among other reasons as described in article 110 of the Civil Code, divorce for cause can stagnate a spouse in a legal relationship that he or she no longer wants to be a part of, since one of the spouses is reluctant to divorce, it can generate high physical and emotional wear and tear on the spouses and their families throughout the judicial process, in addition, some consider that divorce for cause is unconstitutional, since it violates the right to the free development of personality, the right to family privacy and the right to family protection, however, others consider that preserving the causes of divorce respects the autonomy of the individual will, since the choice to formalize a union through marriage implies a deeper commitment, the process of Divorce is subject to specific requirements and grounds that must be met in accordance with the Civil Code. One of the main considerations is the presence of children under 18 years of age or dependents in the marriage, the regulation of alimony, custody of children and visitation, and the provision of a guardian for the divorce process.