La eficacia de la tercera causal de divorcio referente la falta de armonía en el hogar por parte de las dos voluntades, un estudio desde Ecuador

Abstract

This article starts with the doctrinal and historical study of divorce and the different elements of this legal institution, recognized and regulated in the Ecuadorian legislation. It focuses mainly on contentious divorce based on the third ground and the difficulties that this causes at the time of professional practice. The following objectives were established to deepen the study of this ground of divorce: to justify the legal situation of regulating the third ground of Art. 110, to analyze the judicial processes and to determine the degree of efficacy of the ground. Considering the qualitative nature of the research, the methods used were bibliographic review of academic and legal documents, case analysis, and semi-structured interviews with judges and lawyers in independent practice. This allowed us to determine that the cause in question is one of the least used, not because there is no disharmony within the marital life but because of the difficulties it entails at the time of professional practice, mainly due to the evidentiary means requested. The ground is ineffective since it does not fully comply with its objective of terminating the marital relationship.