Eliminación del juicio de divorcio contencioso, en el Ecuador : cuando no existen hijos dependientes.

Abstract

The institution of marriage since its origins in Ecuador has been regulated by a causal system; it is understood that whenever the dissolution of a marriage bond the parts occurs, the judge must declare it in a sentence after examining all the evidence prescribed by law. Currently, many of these causes are difficult to present as proof, therefore, obstructing the desire of the parties to end the marriage bond, reducing their opportunity for freedom, and turning this ('a social problem') into one of an evidentiary nature. Additionally, this causal system is contradictory to a state that enjoys freedom, selfdetermination, and autonomy of will as constitutional rights. The purpose of this work proposes is to establish and create uncased divorce in Ecuador, a unilateral divorce system in which the parties are the ones who, with the only fact of expressing they will no longer wish to continue with the marriage, are free to surrender of explanations that could violate their right to privacy, which ironically is the state in charge of protecting them. Unilateral divorce tells the legislator, the state, the justice system, and society in general that there are circumstances that cannot be limited to causes or mere legality, protecting the rights to intimacy, family privacy, and self-determination, with the object to provide the Ecuadorian marriage regime the right of freedom.