El derecho a divorciarse sin prueba de culpa : una perspectiva constitucional de la exigencia de pruebas para terminar un matrimonio.

Abstract

This essay analyzes the requirement to present evidence in contested divorces from a constitutional perspective, arguing that this practice violates fundamental rights such as dignity, autonomy, and the free development of one’s personality. In legal systems where require proof of faults to dissolve a marriage, the person seeking divorce must have to go through a lengthy and exhausting process that may unnecessarily delays the resolution of the conflict, instead of helping to resolve it. Through a comparative analysis of foreign legal models regarding with and without grounds, it can be seen that divorce without the need to invoke any cause results faster, less contentious, and more consistent with fundamental rights. Removing the evidentiary requirement will not only allow the workload of the courts, also will protect the privacy and personal life of those involved. This essay shows that current Ecuadorian legislation is inconsistent with constitutional principles such as equality and individual autonomy, which are limited by the requirement to present evidence in divorce proceedings, imposing unnecessary obstacles on those seeking to unilaterally end a marriage. Consequently, it proposes promoting a legal reform that recognizes no-fault divorce as a legitimate , dignified and accessible alternative, allowing access to a more humane proceedings, that uphold modern values of justice.