FILE No.

0057/2019
TRIAL: DIVORCE BY MUTUAL CONSENT

IN THE COUNTY OF SAINTJOSÉ , CALIFORNIA, OF STATE

JOINED OF AMERICA WITH DATE VEINTIDOS OF ABRIL OF THE TWO
THOUSAND NINETEEN.

V I S T Or S, the cars to dictate sentence in the file 35/2019,

relative to the trial of SPECIAL PROCESSING OF DIVORCE BY MUTUAL
CONSENT, that promote JUAN FRANCISCO LÓPEZ HERNANDEZ And URSULA
GABRIELA DE LEÓN RODRIGUEZ; and,

R And S Or L T To N D Or

ONLY. - By means of writing received the 20 twenty February of

the 2019 two thousand nineteen, in front of this Court, appeared JOSE
CARLOS LÓPEZ And ANA MARÍA DE LEÓN RODRIGUEZ, to request the
divorce by mutual consent with the dissolution of the matrimonial bond that
joins them, doing his considerations of facts and invoking in the chapter of
right the legal disposals that believed applicable to the case, finishing with
the petitorios of style and form, accompanying the annexes that refer.
By car dictated on twenty-four February two thousand nineteen,
registered the file in the Book of respective Government, and previous to
give entrance to his demand, required to the prominent so that they cleared
all what comprises the alimentary rights of the minors, as well as the
convivencia with the same..
By acuerdo of six April of the two thousand nineteen, had to
the promovientes by giving fulfillment with the request that was them done,
rooted the application of the promovientes, in the road and form proposed,
requiring them so that, inside the term of three days explained from the
notification of the catered, appeared in front of this Court to end to ratify
and/or rectify his application of divorce and agreement. Likewise, it ordered
give sight to the Social Representative Ascribed with the application of the
divorce and agreement, so that inside the term of 3 three days manifested
his compliance or inconformidad concerning the application and of the
agreement, as well as the reasons in that they found them.
 By means of diligence of nine April of the two thousand
nineteen, had to the promovientes by ratifying his application of divorce, as
well as the agreement.
By catered of sixteen April of the two thousand nineteen, hadpo
r received job number 35/2019, signado by the Social Representative
Ascribed, by means of which manifested his inconformidad with the formality
of the present juridical relation, giving sight to the promovientes so that they
manifested what to his right corresponded.
By car of twenty-four April of the two thousand nineteen, had to
the promovientes by desahogando the sight that was them given, inside the
términor legal that was them conceded.
By agreement of twenty-nine April of the two thousand nineteen,
signalled date and hour so that had verificativo the Board of Avenencia;
same that was desahogada on fourteen May of the current year, in where
the parts insisted in his wish to divorce , quoting to resolve; and,

C Or N S I D And R To N D Or

FIRST.- This Court is competent to know and resolve of the

present trial, according to the articles 155 fraction XII and 158 of the Code of
Civil Procedures, in relation with the 55 of the Organic Law of the Judicial
Power of the State.

SEGUNDO.- The Road of Special Processing in that substanció

this trial is correct, by like this establish it the numeral 101 of the Familiar
Code, 552, 553, 555 and 557 of the Procedural Code Civilian Reformed.

TERCERO.- The promovientes JOSE CARLOS LÓPEZ And

ANA M,ARIA DE LEÓN RODRIGUEZ, appeared to trial by his own rights, in
terms of the legal devices 1° and 44 of the Code Use adjectivally Civil.
CHAMBER.- The promovientes , JOSE CARLOS LÓPEZ And ANA
MARIA DE LEÓN RODRIGUEZ, appeared to request the dissolution of the
matrimonial bond that joins them, those who in his facts expressed: “... 1.
The day twenty-eight November two thousand ten the comparecientes
contracted civil marriage in front of the Oficito the 01 of the Civil Register of
the Municipality of Mazatenango, Suchitepéquez Guatemala., as we accredit
it with the copy certified of our record of marriage, that as I attach
number one
We accompany to the present. 2. The comparecientes
established ours more recent conjugal abode in clear saint,
california, of state joined of américa. - It is the case that the

comparecientes have had constant problems, and have

darse# cuenta of the incompatibility of characters, by such
reason have decided to dissolve our matrimonial bond by
the own welfare and of our lower children, by what attend in
front of this Authority to request the dissolution of our
marriage. To end to give fulfillment with the established by
the article 101 of the Familiar Code of the State allow us
attach agreement to that does reference said article...”.
In this order of ideas, the promovientes JOSE
CARLOS LÓPEZ And ANA MARIA DE LEÓN RODRIGUEZ, for the
origin of the divorce by mutual consent, established in the
articles 86, 101 and 102 BIS of the Familiar Code in force for the
State, have to accredit the following elements:
To).- The existence of the civil marriage; and, b).- That
have requested it happened a year of celebration of the
marriage; c).- That they have celebrated an agreement
with the formalities of the article 101 of the Familiar
Code in force for the State.
In this context, the two first elements
indicated accredited in cars, all time that, when analysing
the copy certified of the Record of marriage, celebrated
on twenty-eight November of the two thousand ten, in front
of the Official One of the of the Municipality of
Mazatenango, Suchitepéquez Guatemala, between JOSE
CARLOS LÓPEZ And ANA MARIA DE LEÓN
RODRIGUEZ, under the diet of separation of goods, which
remained settled under the record number 100, to foja 50,
in the Fascicle of Marriages of said Oficialía. Public
document that has plenary valor evidential, attentive to
the established by the numeral 388, of the Law Uses
adjectivally Civilian in force, for gathering the requirements
of the articles 280 fraction II, 323 fraction IV, of what warns
that the contrayentes are precisely the already mentioned .
 Likewise, in the documentary of merit, warns , that the
promovientes, married the 28 veintiocho of November of the year 2010 two
thousand ten, by what to the 20 twenty February of the 2019 two thousand
nineteen, in that they presented his writing of application of divorce,
transcurrió a lapse of time of 9 nine years, that is to say, more than 01 a
year, by what accredited the second of the elements posed.

Regarding the third of the elements annotated with

antelación, relative to the agreement established in the article 101 of the
Familiar Code in force for the State, accredit in cars, all time that the
promoventes, accompanied to his initial writing application of divorce by
mutual consent, agreement in which they stipulated the following clauses:
“…First.- The comparecientes agree in that our lower children of names
JHOANA And ALEXANDER of surnames LOPEZ DE LEÓN, so much during
the procedure as after ejecutoriado the divorce, will be trusted to his mother
the lady. ANA MARIA DE LEÓN RODRIGUEZ, , in his domicile situated in fifth
5ta street zone one 1 of The County Of SaintJosé , California, Of State Joined Of
America. Segundo.- The comparecientes agree in that the way to cater the

needs of our lower children of names JHOANA And ALEXANDER of

surnames LOPEZ DE LEÓN, so much during the procedure as after
ejecutoriado the divorcior will be to charge of his father the gentleman JUAN
FRANCISCO LÓPEZ HERNANDEZ , the one who engages to award by
means of banking deposit to the lady URSULA GABRIELA DE LEÓN RODRIGUEZ,
the equivalent to the 30% of his ordinary and extraordinary perceptions that
obtains like administrator of companies that in the actuality corresponds to
the quantity of $1,200.00 monthly by concept of alimentary pension in favour
of the above-mentioned minors. The lady URSULA GABRIELA DE LEÓN is
satisfied in leaving to demand him guarantee some to the gentleman JUAN
FRANCISCO LÓPEZ HERNANDEZ to guarantee the payment of the
subsecuentes alimentary pensions in favour of our lower children mentioned
previously, in virtue that the house-room that inhabits with his lower children
JHOANA And ALEXANDER of surnames LOPEZ DE LEÓN that it situates
in fifth 5ta street zone one 1 of The County Of Santa Clara, California, Of State
Joined Of America bought by the gentleman JUAN FRANCISCO LOPEZ
HERNANDEZ in favour of The lady URSULA GABRIELA DE LEÓN RODRIGUEZ.
Tercero. The comparecientes agree that in reason that the marriage
contracted by the here signantes was made under the diet of Separation of
Goods, is thus that there is not any Conjugal Society that dissolve neither
much less that clear, by what is not the case formulate inventory any
regarding this matter. Chamber.- The comparecientes agree in not to
demand us reciprocally compensation some concerning the value of the
goods purchased during our marriage ”.
In consequence, determines that they satisfy all and each one of the requirements
established by the article 101 of the Familiar Code of the State, same that it was
ratified in his terms by the part interested in front of this Court, as it is recorded in
the record dated in 9 nine April of the current year, by what approves and sanctions
the agreement exhibited by JOSE CARLOS LÓPEZ And ANA MARIA DE LEÓN
RODRIGUEZ, as well as the complementary agreement elevating to the category of
thing judged, forcing the parts to be and go through he in all time and place to give
fulfillment with his content, same that incorporates to this resolution for all the legal
effects. With what accredits the third of the elements posed.

Therefore, once that it made a study acucioso of the proofs and performances that
act in the summary, gives off that they have remained satisfied the requirements of
form and bottom demanded by the articles 101 and 102 BIS of the Familiar Code, all
time that gave fulfillment to the foreseen in the legal device 557 of the Code of Civil
Procedures, since in cars has evidence that besides, desahogó the Board of
Avenencia, the 14 fourteen May of the 2015 two thousand fifteen, of which warns
that after having platicado between them, did them see the consequences of a
divorce; however, the applicants still like this insisted in continuing with the formality
of the same. Besides, it is recorded in cars, that the Social Representative Ascribed,
manifested his inconformidad with the requested by the promovientes,
desestimando in base to the documentary public that acts concerning the copies
fotostáticas certified of an agreement of pure and free donation, of the instrument
twelve thousand eight hundred fifty-seven, of the Volume hundredth ninetieth
seventh of date 28 twenty-eight August 2013, concerning a house-room situated in
situates in fifth 5ta street zone one 1 of The County Of Santa Clara, California, Of
State Joined Of America . Documentary that has full value of compliance with the
numeral 389 of the Law Uses adjectivally Civil.
In consequence, decrees the Dissolution of the Matrimonial Bond that joins to JOSE
CARLOS LÓPEZ And ANA M,ARIA DE LEÓN RODRIGUEZ, which contracted in front of
the Official 01 of the Civil Register of l Municipality of Mazatenango department of
Suchitepéquez Guatemala., The day twenty-eight November two thousand ten,
under the diet of separation of goods, which remained settled under the record
number 100 folio 50, of the Fascicle of Marriages of said Oficialía; quedwalk
therefore, both spouses in aptitude to contract a new marriage; once that it cause
ejecutoria the present resolution
 By the previously exposed and founded, with support besides in the
articles 78 fraction III, 80, 81, 83 and 87 of the Code of Civil Procedures,
resolves :

FIRST. - This Court was competent, and ideal the road of Special Processing,
appearing the promoventes with personality.

SEGUNDO. - The Road of Special Processing in that substanció this trial is

correct.

TERCERO.- It resulted pertinent the application of , JOSE CARLOS LÓPEZ And

ANA M,ARIA DE LEÓN RODRIGUEZ,,, consistently, decrees the divorce by
mutual consent with the dissolution of the matrimonial bond that joins them,
which contracted in front of theOr ficial one of the Civil Register of the
Municipality of Mazatenango department of Suchitepéquez, Guatemala the
day twenty-eight November two thousand ten, under the diet of separation
of goods, which remained settled under the record number one hundred, folio
one hundred, of the Fascicle of Marriages of said Oficialía.

CHAMBER. - In reason of the divorce that decrees , recobran the parts his
whole capacity to contract a new marriage; once that it cause ejecutoria the
present resolution.

FIFTH. - Likewise, it approves and it sanctions the agreement exhibited by

JOSE CARLOS LÓPEZ And ANA M,ARIA DE LEÓN RODRIGUEZ, as well as the
complementary agreement, elevating to the category of thing judged, forcing
the parts to be and go through he in all time and place to give fulfillment with
his content, same that incorporates to this resolution for all the legal effects

SIXTH.- Notify personally to the promovientes.

Graduate DORLYN BRANDOHERNÁNDEZ

JUDGE

ERICKA MARÍA MONTANO

SECRETARY.