We explain what divorce is as a legal figure, its history, main causes and effects. Also, the types of divorce.
What is divorce?
a divorce It is a legal procedure that dissolves a marriage and ends the marital union (and all its civil, social and patrimonial effects). It allows the two people involved to continue their single lives, or even remarry.
It is a legal figure present today in almost all legal orders in the world. It is given in accordance with the provisions of the law, so its regulations, procedures and types vary greatly from one country to another.
Divorce appeared as a modern legal figure in the French Civil Code of 1804, although This is a very old concept, coming from ancient Roman Law. The Romans called divortium to the civil dissolution of certain marriages (religious marriages were, however, indissoluble), based on various causes that both the man and the woman could allege.
Unlike what occurred in later European societies, divorced women in ancient Rome did not carry any stigma, and could easily remarry. While, In more religious or traditional societies, divorce was prohibited or it left a stain on the divorced woman, which would make it difficult for her to remarry.
The divorce It was defended by the Protestant Reformation of the 16th century although only under very serious conditions, while to this day the Catholic Church considers it illegitimate. However, between the 19th and 20th centuries it became a normal part of most Western legal systems, with Chile being the last Latin American country to legalize it in 2004 and Malta the last European country to do so in 2011.
Divorce should not be confused with marriage annulment (in which it is declared that the marriage was not valid and therefore never existed), nor with de facto separation, in which two people dissolve a home without legally filing a divorce. However, in many legal systems the latter is a first step towards the legalization of divorce.
See also: Civil law
Main causes of divorce
A divorce can occur for very diverse reasons, some of a social, psychological, emotional or legal nature, which are always established in the law on the subject. In some cases they submit to the will of a judge, especially when the desire to divorce is not shared, but rather one of the two spouses demands that the State dissolve the marriage. Among the main causes we can list:
- Separation of bodies or abandonment of home that is, that the two spouses no longer live together, nor have they led a married life, for a minimum period established by law (or that one of them has left permanently). In this way, in reality they have already separated, and only need legal formalization.
- Mutual agreement when the two people simply no longer want to be married, due to irreconcilable differences in personality or culture, loss of love or other shared emotional reasons.
- Adultery or coexistence with third parties That is, if, despite being married, the spouses (or one of them) establish relationships with other people or build other family units with them.
- Aggression towards the partner Whether due to psychological or psychosocial problems (addictions, for example), domestic violence is usually a cause for divorce in most legal systems, since it puts the life of the injured spouse at risk.
- Bigamy that is, a spouse has several simultaneous marriages (which in most Western legal orders constitutes a crime).
Types of divorce
The possible types of divorce depend largely on what is contemplated in national laws, so there is no universal categorization in this regard. However, in most legal systems in which divorce is present, a distinction is made between:
- Voluntary divorce when it is a situation of mutual consent, in which both spouses decide to end the marriage.
- Necessary divorce when there are conditions that allow the State to end the marriage, even though one of the spouses does not agree.
- Uncaused divorce popularly known as “express divorce,” is one that does not require specific causes, nor the mutual consent of the spouses, to dissolve the marital bond.
Effects of divorce
The main effect of divorce is, obviously, that two married people stop being married, that is, the dissolution of the marital bond and all its legal effects. This means that the marital patrimony, that is, the community of assets shared between the spouses, ends, and Therefore, an agreed distribution of assets must be carried out.
Sometimes, divorce also brings with it some obligations for the spouses, especially in the case where they have children conceived within the marriage.
It is common for the spouse to whom parental authority over the children is granted, the other to provide financial aid until the children reach the age of majority, or in situations of socioeconomic vulnerability caused in a spouse by divorce, similar measures of the type restorative or protective measures can be taken by the State. The idea is that both spouses can continue with their civil lives.
Finally, The marital status of the spouses must be modified from “married” to “divorced.”.
Continue with: Concubinage
References
- “Divorce” on Wikipedia.
- “Procedural aspects of divorce” in the Ministry of Justice and Human Rights of Argentina.
- “Divorce” in the Virtual Legal Library of the Legal Research Institute of the National Autonomous University of Mexico (UNAM).
- “Divorce” in Psychology Today.
- “Divorce” in The Encyclopaedia Britannica.
