Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: Analysis of a first-level ruling, divorce due to unjustified abandonment of the home for more than six consecutive months. This summary analyzes the first-level ruling of case No. 01204-2024-05162 issued by the FMNA Judicial Unit in Cuenca, which took place on March 20, 2025, and whose central issue was divorce due to unjustified abandonment for more than six consecutive months. The sample refers to the ruling and the procedural actions contained in said pages. To carry out this research, Ecuadorian doctrine was taken as a basis, specifically the Constitution of the Republic of Ecuador (CRE), the Civil Code, and the General Organic Code of Procedure (COGEP). The documentary and testimonial evidence duly assessed by the judge was also considered. The analysis shows that the defendant did not appear at the hearing. After the judge reviewed the evidence, the marriage between the parties was dissolved. In summary, the analysis of this ruling demonstrates that the judge correctly applied the legal and juridical regulations, adequately substantiating and justifying his decision, without prejudice to either party.