Análisis jurídico del divorcio unilateral y el impacto de las causas subjetivas de la disolución del matrimonio en el Ecuador.

Abstract

This research analyzes how fault-based divorce currently operates in Ecuador, as regulated in Article 110 of the Civil Code, and questions the extent to which this model aligns with the Constitution of the country, which centers on human dignity, freedom, autonomy of will, and the free development of personality. It also compares this reality with experiences where unilateral or no-fault divorce already exists. The study addresses these objectives through a qualitative methodology, with a documentary design and a descriptive and analytical approach, based on a systematic review of regulations, doctrine, and national jurisprudence, along with an analysis of reforms adopted in Spain, Mexico, Argentina, Chile, and Uruguay. The study shows that the fault-based system maintains a moralizing logic that is incompatible with the constitutional State. Consequently, it suggests moving toward a no-fault divorce system that recognizes personal will as a sufficient reason to dissolve a marriage. Keywords: unilateral divorce, fault-based system, personal autonomy, free development of personality, family law