In early 2020, a very important reform regarding divorce was approved by the Legislative Assembly. The “Character Incompatibility” was included in Article 48 of the Family Code as another cause of divorce. Six months after marriage, and via the Judicial System, one can file for divorce alleging “Character Incompatibility” between a couple.

This new causality, that in some cases facilitates filing for divorce, leaves the door open for several questions regarding its practical application. This is because in some people’s opinion, any couple problem could mean “incompatibility” between a couple: and for others, the same type of problem wouldn’t be considered as a major obstacle regarding marriage.

The Judicial Process begins once someone presents a lawsuit before the respective Family Jury, requesting the dissolution of the marriage stating “Character Incompatibility”. The person requesting the dissolution must then present each situation and proof that he or she thinks will clarify to the Judge’s view regarding the marriage and why it should indeed be dissolved.

The defendant must then reply to the given divorce lawsuit, and if he or she considers that there is another cause  (mistreatment, adultery, separation in fact), they must let the Judge know when replying to the divorce lawsuit, or with a counter suit, presenting proof that supports the reply or counter suit.

Because this is such a new cause for divorce, there is not set precedent or jurisprudence regarding this addition to the Article. This situations that must be resolved only by the respective Family Judge, based on the proof given by the respective parts for the Judge to determine if there is in fact a cause for divorce.

If you need any type of advisory regarding Family Law, ERP Lawyers has a very specialized team for this matter. Please do not hesitate to contact us.