Definition of Express Divorce

In most cases, a divorce involves a certain personal crisis and a whole series of steps and procedures that can take too long. Thus, to simplify and streamline paperwork and bureaucratic processes, in recent years the legal procedure popularly known as express divorce has been incorporated.

General considerations about this procedure

In the first place, it must be indicated that its name in legal terms is another, specifically uncaused divorce.

The express or uncaused divorce is applied in those judicial decisions in which a cause that justifies the dissolution of marriage. In other words, when there is no cause or a reason divorce (for example, the adultery, the violence on the coexistence and other reasons that may justify divorce). Thus, when there is no greater cause that motivates the divorce but the couple decides to break the marriage because they have simply stopped loving each other and want to divorce.

If a couple wants to break their bond because one of the members wants it to, divorce is already possible without the need to allege a justifying cause. It is in these cases when express divorce is applicable.

In those countries where this legal procedure exists, the marriage dissolution procedures are relatively quick and for this reason the adjective express is used. When the marriage is dissolved by the ordinary procedure, the legal procedures are slow and can even take years. On the other hand, the procedure traditional It incorporates another drawback: the need to prove the reason that justifies the divorce.

Express divorce and marriage concept

Marriage has traditionally been a institution very solid. In fact, divorce is a relatively recent possibility, since until recently it was considered that the marriage had a dimension "sacred" and was consequently indissoluble.

This consideration has lost its meaning in recent decades and, therefore, express divorce is a legal response to the current idea of ​​marriage. In this sense, express divorce implies recognizing that one of the spouses no longer wants to live as a couple and that her will is enough for her to do so, since a superior cause is not necessary.

From the point of view of legal reflection, many marital crises in the past were associated with the "obligatory nature" of marriage or the need to justify its dissolution. Express divorce is considered a social advance and a legal recognition of individual will.

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