Unilateral divorce as an alternative in Ecuadorian law and its influence on spousal autonomy

Abstract

The main objective of this study was to analyze the legal and social feasibility of incorporating unilateral divorce into Ecuadorian law. At that time, divorce regulations in Ecuador required a causal model that required judicial justification of marital dissolution. This situation, even when cohabitation was unsustainable, violated personal autonomy and generated unnecessary conflicts, in addition to significant emotional strain. The research methodology was based on a qualitative, dogmatic-critical, and comparative approach. Through the analysis of regulations, doctrines, and jurisprudence at both the national and international levels, the aim was to determine whether the current model was compatible with a guarantee-based Family Law. The findings demonstrated that the current system contradicted constitutional principles such as dignity and the free development of personality. In its conclusions, the study indicated that unilateral divorce, where the sole will of one spouse was sufficient to dissolve the marriage, would have represented a more just, humane, and consistent option within the constitutional framework. This model would have allowed the marriage to be dissolved without invoking specific grounds or protracted litigation, which, according to the study, would have been a necessary reform to align the legislation with the fundamental rights of citizens.