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

Abstract

Abstract: This paper analyzes the application of the grounds for divorce based on unjustified abandonment according to the Ecuadorian Civil Code and its relationship with the 2008 Constitution. It examines the importance of judicial reasoning, the evaluation of evidence, and the protection of the rights of minor children, emphasizing the custody and child support regime. Through the study of a practical case, it demonstrates how the voluntary and uninterrupted breakdown of marital cohabitation for more than six months justifies the dissolution of the marriage. Furthermore, it highlights respect for the principle of equality and comprehensive protection of the family in its different forms, in accordance with the current legal framework. This analysis provides legal clarity on the procedure and criteria for divorce based on abandonment, guaranteeing justice and social protection in the family sphere.