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Family Law - Articule

Article 333 of the Civil Code .

 
The following are common causes of judicial separation (personal separation).
  1. Adultery.
  2. Physical and psychological violence which the judge will evaluate according to the circumstances.
  3. Attempting to murder the spouse.
  4. A big offense that makes each other lives unbearable.
  5. Unjustified abandon ot the house for more that two continuous year or when adding the time the spouse has abandon exceeds the two years period.
  6. The embarrassing behavior that makes each other unbearable.
  7. The habit of using drugs or toxics that lead to addiction except the case mentioned in the article 347.
  8. Illness or STD transmitted after the marriage.
  9. Becoming homosexual after the marriage.
  10. A final judgment given for intentional crime that leads to punishment for two years, after the celebration of the wedding.
  11. When it is impossible to live together and get alone for cause probed in a judicial process.
  12. The separation of the spouses during an interrupted period of two years. This time will be of four years if the spouses have minors. In these cases the article 335 will not take effect.
  13. The agreement of separation stated by both after two years of marriage.

Article 349 of the Civil Code.
“ The demand of divorce can be possible for the causes mentioned in the article 333 clause 1 through 12 ”

Comments

We must distinguish the judicial separation from the divorce.

The judicial separation search to put and end to the spouses in living together but does not dissolve the marriage, therefore the separated ones are still legally married. In the other hand the divorce will dissolve the marriage, this approves that the ex spouses could get married again. The case of separation like the divorce puts and to the regimen of welfare and goods that the spouses have acquired in shared during their marriage must be divided, in any case they have make an agreement to divide the goods.

The sentence of judicial separation could be obtained for mutual decision of the spouses (Art. 333 clause 13) after being married for at least a two year margin.

If they wish to convert the sentence of judicial separation into a divorce, after two months (28384 Act) any spouse could ask the judge to convert it into a divorce sentence.

The divorce can't be make by a mutual decision, first has to obtain a judicial separation.

Judicial separation and the divorce can be obtained by the separation of act (Art. 333 clause 12), in common language it is called automatic separation or divorce. If the married have been in a separated stage for two years or more any one of them could sue before the judge the judicial separation or divorce.

This period of time will rise to four years if there are minor involve in the case.

In the judicial process for separation act the judge will look out for the welfare of the affected and the children, at the same time the judge could charge an indemnization for it or confer the mutual goods. All of this because independently that the judge may admit the existence of the separation act, any mate could argue that he/she did not cause the separation with the purpose of preserving their rights in receiving benefits that are appropriated for all those who win a judicial process of separation or divorce for any of the causes described in clauses 1 to 11 of the article 333 of Civil Code.