Absolute Divorce. -It Prescribes The Causes, The Procedures, Actions And Exceptions.

Original Language Title: DIVORCIO ABSOLUTO. — PRESCRIBE LAS CAUSAS, EL PROCEDIMIENTO, LAS ACCIONES Y EXCEPCIONES.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

LAW

ABSOLUTE DIVORCE. †" prescribes the causes, procedure, actions and exceptions.

DANIEL SALAMANCA,

CONSTITUTIONAL PRESIDENT OF THE REPASBLICA.

FOR HOW much: The National Congress, has sanctioned the following law:

THE NATIONAL CONGRESS

DECCRETA:

ArtA-arse 1A ° †" Marriage dissolves:

I. †" For the death of one of the c�nuyges;

II. †"For final divorce judgment.

Chapter I.

Of the causes of divorce

ArtA-ass 2A ° â€"Divorce may be required for the following reasons:

a) For adultery of any of the

b) For the attempt of one of the members against the life of the other once the sentence has been handed down;

c) For the fact that the husband is prostituted to the wife or one of the children;

d) voluntary abandonment that makes the home one of the only ones of a year and provided that it has not obeyed the Court order to be restored, which must be made personally if your address or edicts is known if you are unaware of your whereabouts. When the guilty husband returns to the marital home only so as not to let down this term, it will be computed, if a new abandonment is produced for six months;

e) For the usual drunkenness; the madness and contagious diseases For example:

f) For sevices and serious injury of a person with respect to the other and for bad treatments, even if they are not serious, but enough to make life intolerable. These causes will be appreciated by the judge, taking into account the education and condition of the aggrieved husband;

g) By mutual consent. But in this case divorce will not be possible to ask for but after two years of marriage;

h) For the separation of freely consented and continued fact, for more than five years whatever the motive of it. In this case you can ask for divorce from any of the cönyjüges and the test will be limited to the duration and continuity of that separation.

ArtA-ass 3A ° †"The separation of bodies may become absolute divorce after three years of the sentence, at the request of any one of the cónijüges.

ArtA-arse 4A ° †"The divorced cönyjüges may rejoin between sA-, celebrating another marriage, but once realized, the plaintiff in the first marriage will not be able to deduce divorce action on the grounds that

was founded the previous cause.

Chapter II.

Of the divorce action

ArtA-ass 5A ° †"The divorce judgment shall be substantiated before the Party Judge of the last domicile of the defendant, by the ordinary and with the intervention of the Ministry.

ArtA-ass 6A ° †"For the case of mutual consent, the spouses will appear personally and in the same act before the judge, stating in writing or in writing their desire to divorce. The judge will propose the appropriate reconciliatory means, and in case they are not accepted, will delay the temporary separation of the spouses, proceeding in the other way according to the requirements of this law. A new hearing will be set for six months, in which the reconciliation will always be proposed. In the event of no verification, another hearing for six months was held, and the parties persisted in their desire to secede, the judge of the divorce ruling, which would acquire the same act in the same act.

Hearings shall be held in the respective minutes. In the event that the spouses or one of them cease to appear personally to any of the hearings, the procedure shall be terminated without the spouses being able to return to the proceedings.

ArtA-ass 7A ° †"The demand for divorce can only be filed by the husband, by the woman, or by both; but none of the cönnyüges can found the action in their own fault.

ArtA-ass 8A ° â€"The divorce action extinguishing, by the death of one of the cönnyüges.

ArtA-ass 9A ° †"All kinds of tests will be admitted in the divorce trial. However, the confessional and the oath of the parties, only serve as mere indicia.

ArtA-ass 10A ° †"It is void any renunciation or limitation that is established in the marriage capitulations with respect to the faculty of order divorce.

Chapter III.

Of the interim measures

ArtA-ass 11A ° †"Interposed by the divorce claim, the judge delays the personal separation of the cönnyyges.

ArtA-ass 12A ° †"Together with the providences, the circumstantial situation of the minor children, as the penalty to be given to the woman and the children who do not remain in the power of the father and while the judgment,

ArtA-ass 13A ° †"Declined the provisional separation of the cónijüges, the judge mandarA ¡ i proceed to the inventory of the goods of the marriage. Ganancial movable property will be distributed immediately in equal parts,

ArtA-ass 14A ° †"Each husband will have the free administration of his own property and the ganancial properties will run under the administration of the The husband has been granted bail and in his absence from the woman with the same guarantee. Except for the case of convention between cönynyges,

Chapter IV.

Exceptions

ArtA-ass 15A ° †"Cesa the settlement of the divorce when there has been reconciliation between the spouses, after the facts that gave the request, even if it was already answered and dealt with.

ArtA-culo 16A ° â€" Produced the concord, the plaintiff's cónnyuge can again start action, ora for over-lieutenants, in which case it will make use of the above to support it, pray for causes ignored by him, in time of the renewal.

ArtA-ass 17A ° †"The law presumes reconciliation, when the cónnyuge returns to life.

ArtA-cull 18A ° â€" Reconciliation can oppose as an exception perentoria in any state of judgment.

ArtA-ass 19A ° †"The divorce action prescribes at six months of acquaintance with the consort the fact that it gives him. In the event of ignorance, at three years of the event. For counter-A marriages-two before this law, these terms will run from their promulgation.

Chapter V.

Of the effects of the divorce

ArtA-ass 20A ° †"Begin the effects of the divorce, the dA-on which the respective sentence passes in the authority of the res judicata. Such a judgment shall be communicated to the respective official, who shall make a marginal note in the act of marriage.

Article 21A ° †"On the basis of this judgment, the separation of the property of the marriage shall be made, in the terms prescribed by the Civil Procedure.

ArtA-ass 22A ° †"If the husband had a double of goods greater than the woman, the judge would be long after a food penalty that would cease when he went on to take a new state or live in concubininate. If the woman had enough goods, and the husband lacked them, he would be exempt from such an obligation. If both husbands do not have them, the guilty husband will always be tied to the food obligation. In case the wife is guilty, she will not have the right to any food penalty, unless otherwise agreed.

ArtA-cull 23A ° †"Legally released the divorcees will be able to get new nuptials.

Article 109 of the Civil Code as soon as it establishes adultery as an impediment to the marriage between the guilty and his/her wife. However, the woman will not be able to contract a new marriage but after three hundred days of decreed the provisional separation. If at the time of the dictates, it would have been on tape, the new marriage could contract the birth.

ArtA-ass 24A ° †"It is dissolvable in the Republic of the Republic the marriage carried out abroad, provided the law of the paA-s in which the disconnection was accepted.

Chapter VI.

Children

ArtA-ass 25A ° †"The situation of the minor children will be defined in the statement after the parents ' conventions, with the consent of the judge and the tax intervention.

ArtA-ass 26A ° †"In the absence of agreement from the cönicyüges, the judge will resolve the situation, taking into account the best care and the interests of the minors. The obligation to educate and feed the children, is supportive for parents, proportional to their fortune and the needs of food.

ArtA-ass 27A ° †"Children who are less than five years of age will be confident to their mother, except for serious reason in the judgment of the judge and the prosecutor or opposition of the father. And the elders, the father. Or men to the father and the older or younger women, to the mother.

ArtA-ass 28A ° †" If the judge determines fit for reasons of morality not to confer the guardian of the children to any of the cönjüges they can choose between the Brothers and sisters or among the paternal or maternal grandparents.

ArtA-cull 29A ° †"The conventions of the only ones will refer to the guardian of the children. The fatherland power shall be exercised every cennyuge upon the children of his office. If the guardian is entrusted to a third party, the provisions of the Civil Code shall apply in respect of the parental authority.

Chapter VII.

Generalities

ArtA-ass 30A ° †"The child's and children's food penalty, has body aaward, for timely and immediate supply, provided the husband is worth of malicious means to circumvent is required.

The fixing of the food penalty matters a legal mortgage on the goods of the husband, and the judge will send it to the court.

ArtA-culo 31A ° †"For the case of the woman with children in her position to contract new The marriage shall not lose its right to the parental authority.

ArtA-ass 32A ° †"The title-title 6A, first book, of the Civil Code; the title of the second book of the Civil Procedure and the articles 564 and 565 of the Civil Procedure are hereby repealed. Criminal code, and all provisions contrary to this law.

ArtA-ass 33A ° †" The effects of this law shall be in the case of marriages concluded before the law of 11 October 1911.

Communal-be to the Executive Branch, for constitutional purposes.

Session of the H. National Congress.

La Paz, on April 13, 1932.

J. L. Tejada S †"Justo Ávila.

Gabriel Palenque, S. S. â€" Humberto Duchtén, D. S. †" Fernando LAólpez, D. S.

BY TANTO has enacted it so that it has and will comply with the law of the Republic.

Government Palace, in the city of La Paz, at fifteen dA-as of the month of April, thousand nine hundred and thirty-two years.

D. SALAMANCA. †" Enrique Hertzog.

IS COMPLIANT:

V. Fernà ¡ ndez and G., Mayor of Government and Justice.