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

Abstract

Abstract: This project examines Case No. 23201-2022-02674 regarding a divorce by mutual consent with dependent children. It falls within the scope of due process and constitutional rights, considering the Constitution of Ecuador, the General Organic Code of Procedure (COGEP), the Civil Code, and related regulations. The Ecuadorian legal system defines the grounds for divorce, for the dissolution of the marital bond. Article 107 of the Civil Code establishes that marriage can be terminated by mutual consent, making the process consensual and free of legal disputes. Although there are no minor children, the case must be presented before the Judicial Unit for Family, Women, Children and Adolescents, and Juvenile Offenders of the Canton of Santo Domingo. These cases can be resolved by mutual agreement and conciliation, and the procedure is expedited. The law provides a powerful mechanism for the individual autonomy of adults to make their own decisions in a legally defined manner, while, in parallel, the rights of everyone else are kept especially and sufficiently secure, including minor children, who are at the center of legal concern in a case of divorce.