El adulterio como causal de divorcio en parejas con género diverso en la Legislación Ecuatoriana

Abstract

Adultery is one of the main grounds for divorce in the current Civil Code of Ecuador. Therefore, the objective of the study was to characterize adultery as a ground for divorce in gender-diverse couples in the Ecuadorian Legislation. For this purpose, a study was conducted under a descriptive approach, based on jurisprudence, doctrine and law, the figure of adultery established in Article 110 numeral 1 "Ground for divorce due to adultery" of the Civil Code was analyzed. As a result, it is established that, in order to establish adultery as a ground for divorce, it is necessary to prove the existence of the extramarital sexual relationship in a reliable manner. It is concluded that in order for gender-diverse couples to have access to the ground for divorce for adultery, it is necessary to add that adultery also involves "other sexual practices" and not only "carnal access".