Divorce without expression of cause or without cause is already contemplated in the civil and family legislation of 29 of the 32 entities in the country, since no one can be forced to remain united in marriage. Only Sonora, Guanajuato and Chihuahua maintain in their respective Codes the need to express some reason to dissolve the marriage bond.
This figure, which was introduced in our country in the Civil Code of Mexico City in 2008, has been replicated in most states because it is a right, so the rules that require stating some cause for divorce transgress the right to free development of personalitywhich derives from the right to human dignity, provided for in article 1 of the constitution.
In this way, if you want to get divorced, you do not need to make said request to your spouse, even if he or she objects, you can file for divorce before a Family Court in your state, without expressing the reasons why you want it, and without detailing whether your husband or wife agrees or not.
You might be interested: Will Afores disappear? No, but complicated years await them
In fact, The ruling that decrees the divorce without cause is not contestableThat is, it does not admit any appeal against it, precisely because being married or divorced is not an obligation, but rather a unilateral decision that protects our Constitution.
Divorce and agreement
The application to obtain a divorce without expression of cause should only contain the request to the judge to dissolve the marriage bond. Furthermore, said request must be accompanied by a proposed agreement “to regulate the inherent consequences” of divorce.
If you have minor children or children who live with a disability, this agreement must propose who will have custody of them; In addition, you should consider the way in which your ex-spouse can visit them, respecting their meal, rest and study schedules.
The agreement must also stipulate the way in which you and your ex-husband or ex-wife will take care of the children's food needs. Here it is important to note that “food” does not only include foodbut also clothing, housing, medical care, education and recreation for children and adolescents.
Likewise, if you married through joint property, whether or not you have children, the agreement must include a proposal on the distribution of the assets.
If your husband or wife does not agree with what you propose, he or she has the right to make his or her own agreement proposal, but That controversy is independent of your divorce.
In short: If you want to get divorced, you must present the lawsuit before the civil and family judge, along with the proposed agreement, after which you will obtain your divorce decree, which is not appealable, which means that your ex-spouse can't object.
What is appealable is the agreement, so Your ex-spouse can challenge the determination made by the judge on alimony that you must provide for minor children, if you have them, or about the distribution of assets.
Causes that remain
In Chihuahua, Guanajuato and Sonora, where – despite the fact that these are unconstitutional requirements – there are still grounds for divorce, although an unjustified divorce can also be obtained by invoking the jurisprudence of the Supreme Court of Justice of the Nation in the lawsuit.
However, to avoid delays, the most common thing is that in these entities the divorce application states that the dissolution of the marriage bond is “voluntary” or by common agreement between the spouses.
On the other hand, if a divorce with cause is preferred, in those states the spouse who demands the dissolution of the marriage bond You must prove that your partner incurred any of the following causes:
The last:
Surya Palacios Journalist and lawyer, specialist in legal and human rights analysis. She has been a reporter, radio host and editor.