Contentious or judicial divorce in Ecuador (2026)

WHAT IS CONTENTIOUS DIVORCE IN ECUADOR (2026)?

Contentious divorce is a judicial procedure by which one spouse requests the termination of the marriage without the need for the other's consent. This process is strictly regulated by Ecuadorian legislation in force in 2026, mainly by the Civil Code and the General Organic Code of Processes (COGEP). Unlike divorce by mutual agreement, here there is disagreement, conflict, or refusal by one of the parties to dissolve the marital bond.

Contentious divorce must always be conducted through a trial before a judge of the family, women, children, and adolescents judicial unit. It cannot be processed in notaries due to the litigious nature of the procedure.

LEGAL BASIS (2026).-

- Ecuadorian Civil Code, Articles 110 and 111: grounds for divorce (in force).
- General Organic Code of Processes (COGEP): procedural rules applicable to divorce proceedings.
- MIES tables and child support regulations updated to 2026.
- Judicial Council rules on hearings and procedural processing.
- Comprehensive Organic Law to Prevent and Eradicate Violence against Women, when divorce is based on physical or psychological violence.

GROUNDS FOR CONTENTIOUS DIVORCE (ART. 110 CIVIL CODE).-

The Civil Code provides several grounds for requesting a contentious divorce. The most commonly used in Ecuadorian judicial practice (2026) are:

1.- Voluntary and unjustified abandonment for more than six months. This ground requires that one spouse has separated from the marital home without valid cause for a period longer than legally established.

2.- Cruelty, serious insults, or physical or psychological abuse. Covers beatings, aggression, insults, threats, psychological violence, or any conduct affecting emotional or physical integrity.

3.- Proven infidelity. Infidelity must be proven through valid evidence such as messages, photographs, testimonies, or any other element recognized in law.

4.- Dishonorable conduct that makes common life impossible. Includes behaviors that seriously affect coexistence, family morals, or the dignity of the other spouse.

5.- Habitual drunkenness or harmful drug use. Provided it affects coexistence and family well-being.

6.- Criminal conviction of more than ten years. When one spouse receives a final criminal sentence with a penalty exceeding ten years.

7.- Attempt against the life of the other spouse.

8.- Husband's proposal to prostitute his wife. Ground expressly contained in the Civil Code.

All these grounds must be demonstrated through valid evidence within the judicial process.

ADMISSIBLE EVIDENCE IN CONTENTIOUS DIVORCE.-

COGEP allows the following evidentiary means:

- Documents (medical certificates, complaints, psychological reports, chats, photographs, emails).
- Testimonies of relatives, neighbors, or people who know the facts.
- Psychological or social expert reports.
- Police or Prosecutor's Office records in cases of violence.
- Reports from MIES or DINAPEN when minors are affected.
- Any other legally permitted means.

The judge will evaluate the relevance and legality of each evidentiary element.

JUDICIAL PROCEDURE (COGEP).-

1.- Filing of the complaint. The complaint must specify the specific ground, recount the facts, request measures for the children, and attach evidence.

2.- Qualification of the complaint. The judge analyzes compliance with formal requirements and orders summons to the other spouse.

3.- Answer. The defendant may accept, deny, contradict, or present exceptions. They may also present their own evidence.

4.- Single hearing. This hearing is fundamental in contentious divorce. Evidence is received, testimonies are heard, expert reports are conducted, and debate takes place on the grounds and on the children.

5.- Judgment. The judge will decide:
- Whether the ground is proven or not.
- Whether divorce proceeds.
- Custody and visitation regime for minor children.
- Child support according to updated MIES tables (2026).
- Protection measures in case of violence.
- Registration of the judgment with the Civil Registry.

MINOR CHILDREN.-

If there are minor children, the judge must mandatorily decide:
- Custody (generally in favor of the parent who guarantees the best interest of the child).
- Visitation regime.
- Child support according to the MIES Child Support Table (2026).

In all cases, the constitutional principle of the best interest of the child prevails.

DURATION OF THE PROCESS.-

The duration of the trial depends on:
- Availability of evidence.
- Defendant's answer and defenses.
- Number of hearings.
- Judicial agenda.
- Existence of domestic violence.

A contentious divorce can be resolved in months, but in complex cases it may take longer.

CONCLUSION (2026).-

Contentious divorce in Ecuador is a formal judicial procedure, based and supported by evidence, in accordance with the norms in force in 2026. Professional advice is essential to guarantee the protection of rights, especially when there are minor children or situations of violence. The process requires knowledge of updated regulations and adequate presentation of evidence according to COGEP.