El divorcio por causal por falta de armonía y su procedimiento en el código orgánico general de proceso

Abstract

Since Roman times, the legal figure called '' divorce '' has been established, which arises from the will of the spouse in wanting to end the marriage bond between them, a fact that implies in entering into a contract from which rights and rights arise. obligations. Regarding divorce, the Civil Code in force in Ecuador regulates two ways by which the spouses can request the dissolution of the marriage; by causal and by mutual consent, both are distinguished in terms of the will that arises from the spouses in the same way of its termination it should be noted therefore they have legal effects on the patrimony and issues to settle on the minor children which will be duly solved by the competent judge at the hearing. In this sense, the competent authority is informed of the present case of a divorce claim due to cause, which is determined based on the facts alleged by the plaintiff that the cause for which it proceeds is; The habitual state of disharmony of the two wills in married life. Therefore, the development and conclusions in this investigation will focus solely on this cause No. 3 of article 110 of the Civil Code in force in Ecuador.