DIVORCE WITHOUT EXPRESSION OF CAUSE

By means of Decree 650 issued by the Head of the Executive Branch in the State of San Luis Potosi on May 30^th, 2017, the amendments to articles 86, 87, 89, 91, 93, 96 and 163 section VII, as well as the addition of Article 86 Bis of the Family Code for the State of San Luis Potosi were published in the Official Gazette of the State, in order to established in our family legislation the figure of the Divorce Without Expression of Cause (Divorcio Incausado), same which according to First Transitory Article shall enter into force on the day following its publication.

Given this, the only two forms of divorce to dissolve a marriage bond in our State are the voluntary divorce, when both spouses agree to divorce, in which case it is processed through a judicial procedure, before a Family or Multidisciplinary Judge or through an administrative procedure, before the Officer designated by the Director of the Civil Registry in the State, and on the other hand, the divorce without expression of cause, when any of the spouses requests it, without the need to indicate the cause, reason or basis generating such petition.

It is important to note that among the requirements for filing a claim for divorce without expression of cause, in addition to those indicated in article 253 of the Code of Civil Procedure (Código de Procedimientos Civiles) in force in the State, there is the submitting of an Agreement proposal to regulate the legal consequences of the dissolution of the marriage bond by the filing spouse, which, at least, must contemplate the designation of the person who will have custody of the minor or incompetent person, the detailing of the way and terms to provide alimony to them, as well as to children during the procedure and once it is completed, and, if the woman is pregnant, the use of the conjugal domicile and household goods. Also, it must detail the form of administration of the conjugal partnership if there is one and last, the compensation, in case the spouses have married by separate property regime and one of them has been dedicated mainly to the household care and, if appropriate, to the care of the children, same compensation which in no case may be above fifty percent of the assets that they had acquired during the marriage, same matter which shall be resolved by the judge according to the specific circumstances of each case.

If the parties do not agree on the proposed agreement, the judge will rule on the request for divorce, and in the appropriate incidental proceeding, the resolution of other issues shall be continued.

Undoubtedly, as confirmed by several recent Jurisprudential Theses, divorce without expression of cause constitutes a way of exercising the right to free personal development as a fundamental human right of people and without even taking into account the opposition of the other spouse to divorce, given that the will of an individual to not remain bonded to his consort is preponderant and shall be granted without any explanation, since deciding not to remain married and change marital status, constitutes the way in which the individual wishes to scheme and live their life in a free and autonomous way for their own project.

 

MGC.