While it is true, our Venezuelan Legislation consecrates the family as the fundamental basis of society and therefore establishes Marriage as a respectable institution that entails duties and rights for spouses, however, the same legislation also typifies the way in which dissolve said marital bond through the figure of Divorce, regulated in the Civil Code.
In Venezuela, there are several types of Divorces, such as: separation of bodies, mutual agreement, contentious lawsuit and divorce due to disaffection. The latter being implemented with great frequency in recent years. Divorce due to disaffection occurs when one of the parties decides to dissolve the marriage bond because what is known in the legal world as “Affectio Maritalis” does not exist between them, which can be defined as the definitive extinction of love, so the emotional bond disappears entirely.
Jurisprudential criteria
Giving character and legal support to Divorce due to Disaffection, it is appropriate to highlight the following jurisprudential criteria:
a. ruling No. 1070 dated December 9, 2016 file No. 1609-16 of the Constitutional Chamber “…Consequently, this chamber considers that with the manifestation of incompatibility or disaffection with the other spouse, the possibility of divorce in the lawsuits arises presented in accordance with the provisions of article 185 and 185-A, which according to the binding criteria of this court does not require a contradictory, since the deep desire not to remain united in marriage on the part of the spouse is alleged and demonstrated – plaintiff, as a manifestation of an intrinsic feeling of the person, which differs from contentious divorce claims. In effect, the jurisdiction of the courts is to produce, as a judge, as provided in article 49 of the Constitution, a decision that establishes the legal severance of the bond with the effects that said divorce entails, without admitting the possibility that manifested existence of said de facto marital breakdown, one of the spouses is forced to maintain a marital bond when he or she no longer wishes to do so, since if this is considered, constitutional rights such as the free development of personality, the right to acquire a different marital status would be harmed. , to legally establish a family and other social rights that are intrinsic to the person…”.
b. ruling No. 305 of May 18, 2017, of the Civil Cassation Chamber of the Supreme Court of Justice, which establishes that since love is a feeling that is impossible to prove, in Divorce due to Disaffection there is no appeal, so only The expression of will of one of the parties (Spouse – Plaintiff) is important for the Divorce to proceed and in effect there is no discussion about the decision issued by the Competent Court.
Effective, fast and less complex route
It is important to note that in our country, the decisions issued by higher Courts or what is known in legal terms as Jurisprudence are taken into account and although they do not create norms or laws, they are important and complementary elements to the sources of Law, and in In this specific case, such as Divorce due to Disaffection, Jurisprudence has played an important role and is what has allowed the application of this effective, quick and less complex route for those who definitely do not want to remain in community with another person and their The ultimate decision is to dissolve the existing marriage bond.
