LEGAL AND DOCTRINARY STUDY

ID:

Popular Law Firm, Mariano Gálvez University of Guatemala,

University Center of Cobán, Alta Verapaz.

Faculty of social and legal sciences.

BOUQUET:

Family.

INTERN NAME:

Joél Armando Rivera Narciso.

CARD NUMBER:

0504-07-6620

KEY NUMBER:

CAV-05-2013

ASSESSOR NAME:

Licda. Teresa Coralia de León Blanco

PLACE AND DATE:

Cobán, Department of Alta Verapaz, August 2,016

 SPECIFIC CASE OF ORAL TRIAL

OF EXTINCTION OF ALIMENTARY SUPPORT:

CASE No. 1

PROCESS 68-2013. Of. 1st.

Mr. PEDRO DE JESUS VILLAVICENCIO MARROQUÍN, forty, appeared at

the Popular Law Office of the University Center of the Mariano Gálvez University of

Guatemala, Cobán extension, Department of Alta Verapaz, located on sixth

avenue two dash thirty-three, zone one of this municipality. and seven years old,

single, Guatemalan, Urban Primary Education Teacher, residing in the Municipality

of El Estor, Department of Izabal.

Who requires the professional services of Bufete Popular; in order to

request legal advice and assistance, to promote ORAL TRIAL FOR EXTINCTION

OF ALIMENT PENSION, through the prosecution of one of the university students.

In addition; states that the reason why you want to carry out the Extinction of

Alimony is because all your children have already reached the age of majority, so

you need to carry out the Extinction as a preliminary step to request the lifting of

the Garnishment that currently weighs on your child. Salary as Director, Titled

Professor in the Ministry of Education of Guatemala.

DOCTRINARY STUDY
 FOOD

According to the Legal Dictionary of Guillermo Cabanellas de Torres: “

Alimony: The assistance that by law, contract or will is given to some people for

their maintenance and subsistence; that is, for food, drink, clothing, housing and

recovery of health, in addition to education and instruction when the person being

fed is a minor. Foods are classified as legal, voluntary and judicial. |

PROVISIONAL. Those that in a summary judgment, and on a provisional basis, the

judge establishes to the person who requests them, alleging the right to do so and

the urgent need to receive them.

Civil law

It is the set of fair and coercive norms of a private nature, which regulate the

relations of assistance, authority and more general obedience in the life of men, as

a member of a family for the fulfillment of the individual purposes of their existence

within the social context. , in which the people who intervene as simple individuals,

independent of their profession, social class, condition or hierarchy.

Family

In the strict sense it is the set of two or more individuals who live linked to

each other, by a collective, reciprocal and indivisible bond, of kinship or affinity

marriage; and in a broad sense, the term family can include deceased or unborn

persons; family as lineage, descent, continuity of blood; or, in yet another sense,

people who contract a legal bond between themselves that imitates the bond of

blood relationship (adoption), civil family.

Custody

Set of rights and duties that correspond to the father and, where applicable,

the mother regarding the persons and property of their minor children.

Food

Legal relationship by virtue of which a person is obliged to provide another

person with what is necessary for their subsistence. It is everything that is

essential for the sustenance, housing, clothing, medical assistance and also the

education of the obligee when he is a minor.

Ability

It is an attribute of people that the right recognizes.

Capacity Classes:

1. Capacity for right or enjoyment: it is the aptitude derived from the

personality that every person has to be the holder, as an active or passive

subject, of rights or obligations.

2. Capacity to exercise, to act or to act: it implies the legal possibility of the

subject to directly assert his rights, to celebrate legal acts in his own name,

to contract and fulfill his obligations and to exercise appropriate actions

before the courts.

Procedural Principles:

 Principle of Orality

 Concentration

 Immediacy

 Judiciary

 Procedural Economic;

 Advertising;

 Celerity.

Demand

The claim can be filed verbally or in writing, as provided in article 201 of the

Civil and Commercial Procedure Code; It is characterized by the fact that the actor

must present with it the title on which it is based, which may be the will, the

contract, the execution document in which the obligation is recorded or the

documents justifying the relationship.

 The Civil Code establishes that the name of alimony includes everything that

is essential for the sustenance, housing, clothing, medical care and also the

education and instruction of the alimony holder, when he or she is a minor.

Likewise, said legal body establishes that food must be proportionate to the

personal and pecuniary circumstances of the person who owes it and the person

who receives it and that the food will be reduced or increased proportionally,

according to the increase or decrease suffered by the needs of the person. alimony

and the fortune of the one who will satisfy them.

Provisional pension

Due to the need to request food, the case may arise in which the Judge

determines the provisional pension, based on the following rules:

a) The first establishes that based on the documents attached to the claim and

while the obligation to provide food is being aired, the Judge will order,

according to the circumstances, that it be given provisionally, setting the

amount in money, without prejudice to restitution. if the person against

whom they are sued obtains an acquittal. So if the plaintiff accompanies his

claim with documents that justify the defendant's capabilities, or give an idea

of his social position, the judge will set the respective amount in accordance

with them.

b) If supporting documents of the defendant's economic possibilities are not

accompanied, the judge will prudently set the provisional alimony.

Regarding this, even if there is no documentary justification of the

defendant's capabilities, the judge will always set the provisional pension,

but at his discretion.

Precautionary provisions and food security

In this type of lawsuit, the plaintiff may request all kinds of precautionary

measures, which will be ordered without further formality and without the need to

provide guarantee; which agrees with the provisions of article 12 of the Family

Court Law, which stipulates that when the judge considers it necessary to protect
the rights of a party, before or during the processing of a process, he may dictate

ex officio or at the request of a party, all kinds of precautionary measures that are

ordered without further formality and without the need to provide guarantee.

Rebellion

Default occurs in the event that the defendant does not attend the first

hearing and does not respond to the complaint in writing, the judge will declare him

confessed to the plaintiff's claims and will proceed to issue a ruling.

Sentence and Execution

This trial can end, consequently, if the defendant defaults; but not the other

way around, when the rebel is the plaintiff. The execution of the sentence is quite

quick, the procedure is regulated in article 214 of the Code of Civil and Commercial

Procedure, which stipulates: “If the obligor does not comply, the seizure and

auction of assets sufficient to cover the amount will be immediately carried out. , or

to payment if it involves cash amounts.”

People forced to provide food.

According to the Civil Code, spouses, ascendants, descendants and siblings

are reciprocally obliged to give each other alimony. When the father, due to his

personal and pecuniary circumstances, is not able to provide food to his children,

and the mother is also unable to do so, such obligation corresponds to the paternal

grandparents of the alimony holders, for as long as the father's inability lasts.

Likewise, the Civil Code establishes that when the obligation to provide food

falls on two or more people, the payment will be distributed among them, in an

amount proportionate to their respective assets; In case of urgent need, and due to

special circumstances, the judge may decree that one or more of the obligated

parties provide them provisionally, without prejudice to the possibility of claiming

the part that corresponds to them from the others.

The Civil Code also establishes when the obligation to provide food ceases,

the specific causes being the following:

1st. For the death of the alimony;

2nd. When the person who provides them finds it impossible to continue providing

them

3rd. In the case of injury, fault or serious damage caused by the obligee against

whom he must provide them;

4th. When the need for food depends on the vicious behavior or lack of application

to the work of the food provider, while these causes subsist; and

5th. If minor children marry without parental consent.


OUTLINE OF THE PHASES OF THE ORAL TRIAL
In writing or
verbally, in which
case the Secretary
will draw up the
respective minutes.
Art. 201.
In both cases, the
provisions of Art.
106 and 107.
CPCYM.
Take note that here the 2
parties start in the
ordinary only with the
defendant.
RESOLUTION IN 24 Hrs. ART. 142
LOJ (Discount)
If the claim complies with
the legal requirements,
the judge will set a day
and time for THE PARTIES
to appear at an oral trial,
preventing them from
presenting their evidence
at the hearing under
warning to continue the
trial in absentia of the
person who does not
appear.
Follow Page 2/2
SITE FIRST HEARING SECOND AUDIENCE
3 days. Between this and
the 1st. Audience
Here 3 days are
measured This process lasts 15 days
with the Hearing
Between the summons of
the defendant and the 1. Conciliation 1. Answer to the Expanded
2. Ratification or extension or modified Complaint.
hearing, there must be at
of Demand. 2. Answer the
least 3 days, a period that 3. Answer to Claim. Counterclaim.
will be extended 4. Counterclaim 3. Test reception that
depending on the 5. Answer to the could not be received in
distance. Counterclaim. the 1st. Audience.
6. Interpositions (With the 4. Evidence to counteract
answer to the claim or exceptions raised by the
Art. 202 CPCYM counterclaim. defendant or Incidents
7. Procedure for resolution or Nullities.
of prior exceptions.
Incidents and Nullities
8. Reception of Evidence Art. 204,205 and 206
offered by the parties.
Arts. 203, 204, 205, 206,
207 CPYCM
FLOW CHART OF THE PHASES OF THE ORAL TRIAL CONTINUED

THIRD EXTRAORDINARY AUTO BETTER JUDGMENT

TO FAIL Third or fifth day, Art. 208
HEARING VIEW

8 days after receiving the

End of 10 days cars.
1. In addition to the In this type of process,
including that of the substance of the only the sentence is
Art Hearing. 206 matter, exceptions acceptable.
and nullities that are
not previously
1. Extraordinary It is OPTIONAL resolved will be
reception of evidence, Art 209 2nd SENTENCE. INSTANCE 3
Art. 206 and 197 resolved. Arts. 201,
for reasons beyond 207 and 209. DAYS AFTER THE HEARING
the control of the 15 days.
2. The sentence will be
Court and the parties. Even 120 days handed down in 3
2. Reception of evidence days in the case of ART 209
foreign trial.
to contradict the Search or Confession.
exceptions raised by 3. Within 5 days
the defendant or the provided that proof
incidents or nullities. offered by the Actor
Art. 206 and 207 has been received.
The execution of the sentence will be
carried out according to CPCYM. (arts
Art. 208 340/343), reduced by half according to
article 210.
LEGAL STUDY, ANALYSIS AND SEQUENCE OF THE DIFFERENT STAGES

OF THE ORAL TRIAL FOR EXTINGUISHMENT OF ALLOWANCE.

1. DEMAND: It must be presented orally or in writing, fulfilling in both cases

the requirements established by articles 50, 61, 63, 79, 106, 107 and 108 of

the Civil and Commercial Procedure Code.

2. LOCATION: Once the claim has been presented and admitted for

processing, the Judge will set the day and time to appear at the oral trial,

with a requirement that at least three days elapse between the notification of

the claim and the first hearing, a period that may be longer but never

shorter. .

3. FIRST HEARING: In this hearing, an effort is made to carry out the greatest

number of procedural acts and procedures, among which are fundamental

in this hearing we can mention the Conciliation, the attitude of the defendant

towards the claim and the proposition and completion of the evidence in the

if there is no conciliation between the parties.

4. CONCILIATION: as indicated above, this stage is fundamental and

mandatory in the oral trial, it consists of the judge must agree to the parties

so that they reach an agreement without contravening the legal norms.

Conciliation is not always to put an end to the process, whether in whole or

in part, it also exists, as happens in the trial of Division of the Common

Property, whose function is to appoint a dividing notary and establish the

bases of the partition.

5. ATTITUDE OF THE DEFENDANT: the defendant, when answering the

claim, can file the exceptions he considers pertinent, he can acquiesce to

the claim and he can also counterclaim. If the defendant does not appear at

the first hearing, the claim will be deemed to have been answered in the

negative except, in matters of small amounts, maintenance, accountability

 and boasting in which he is declared rebellious and this is equivalent to the

acceptance of the claim.

6. EVIDENCE: the evidence is proposed and completed in the first hearing, if it

is not possible to present the evidence in the first hearing, the judge will

schedule a second hearing within a period of no more than 15 days and in

extraordinary cases a third hearing within a period of no more than 15 days.

greater than 10 days after the second hearing, these last two hearings are

for the exclusive purpose of gathering evidence.

7. VIEW: the hearing in the oral trial in the first instance does not exist, this is

because the principle of orality prevails and consequently the parties are

aware of all the actions and that they have had the opportunity to protest at

the time of carrying out said actions, The hearing of the oral trial occurs in

the second instance.

8. SENTENCE: The sentence must be pronounced in writing within five days

following the holding of the last hearing in which evidence was taken, except

in the case of search or confession in which the sentence must be handed

down within the third day of the hearing.

9. RESOURCES: In the Oral Trial the appeal only proceeds against the

sentence, against the other resolutions the procedural remedies of Nullity,

Revocation, Extension and Clarification apply.

Oral Trial for Extinction of Alimony:

The fixing, extinction, increase or suspension of the obligation to provide

support is processed in an oral trial, among some characteristics of this trial we can

point out:

1. You must present with the claim a title or document that proves the

relationship and which states the obligation to provide food.

2. The default of the defendant is equivalent to the confession of the plaintiff's

claims.
 3. The purpose is to cease the obligation to provide food and thereby order the

lifting of the Garnishment on the Actor's Salary.

SPECIFICATION OF THE CLASS, TYPE AND PURPOSE OF THE

PROCESSES.

ORAL TRIAL FOR EXTINCTION OF NUMBER SUPPORT

 It is a special process

 Volunteer

 Of knowledge

 Started in the judicial process

 Its object is that in CONCILIATION or JUDGMENT, the Extinction of

Alimony is declared appropriate and the embargo on salaries is lifted.

LEGAL PROVISIONS APPLICABLE TO THE ORAL TRIAL FOR

EXTINGUISHMENT OF SUPPORT.

As applicable, for the legal and doctrinal study of the Oral Trial, specifically

for the Extinction of Alimony, in the Judicial Way, and according to the scope of

application of laws, it is mainly related to:

POLITICAL CONSTITUTION OF THE REPUBLIC OF GUATEMALA.

Articles 49 and 55 because they regulate matters concerning the family.

 Item No. 49: Marriage . The marriage may be authorized by mayors,

councilors, practicing notaries and ministers of worship authorized by the

corresponding administrative authority.

 Item No. 55: Obligation to provide food. Refusal to provide food in the manner

prescribed by law is punishable.

Civil Code, Decree Law 106

The following articles are applicable to the trial to be raised: 73, 112, 132,

159, 188, 236, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290,

291, 292. , 309, 363, 1,081, 1,099, 1,473, 1,514, 1,614, 1,625, 1,876, 2,126, 2,127

and 2,158, since they regulate everything related to food.

ARTICLE 112. Rights of the woman over the husband's income The woman will

always have preferential right over the salary, salary or income of the husband, for

the amounts corresponding to support for herself and her minor children.

ARTICLE 159. The following are common civil effects of separation and divorce:

1st. The liquidation of marital assets;

2nd. The right to food in favor of the blameless spouse, if applicable; and
3rd. The suspension or loss of parental authority, when the cause for separation or

divorce carries it with it and there is an express request from the interested party.

ARTICLE 278. Concept The name of food includes everything that is essential for

the sustenance, housing, clothing, medical care and also the education and

instruction of the obligor when he is a minor.

ARTICLE 279. The maintenance must be proportionate to the personal and

pecuniary circumstances of the person who owes it and the person who receives it,

and will be set by the judge, in money. The obligor may be allowed to provide food

in another way when, in the judge's opinion, there are reasons that justify it.

ARTICLE 280. The food will be reduced or increased proportionally, according to

the increase or decrease suffered by the needs of the obligor, and the fortune of

the person who will satisfy them.

ARTICLE 281. Alimony is only owed in the part in which the goods and work of the

alimony are not sufficient to satisfy his needs.

ARTICLE 282. The right to food cannot be renounced or transferred to a third

party, nor can it be seized. Nor can they be compensated with what the obligee

owes to the person who is to lend them. However, arrears of alimony may be

compensated, seized, waived and sold.

ARTICLE 283. Obligated persons Spouses, ascendants, descendants and siblings

are reciprocally obliged to provide each other with alimony. When the father, due to

his personal and pecuniary circumstances, is not able to provide food to his

children, and the mother is also unable to do so, such obligation corresponds to the

paternal grandparents of the food providers, for as long as the father's inability

lasts. of these.

ARTICLE 284. When the obligation to provide food falls on two or more people, the

payment will be distributed among them, in an amount proportionate to their

respective assets; In case of urgent need, and due to special circumstances, the

judge may decree that one or more of the obligated parties provide them
provisionally, without prejudice to the possibility of claiming the part that

corresponds to them from the others.

ARTICLE 285. When two or more obligors have the right to be fed by the same

person, and the latter does not have enough money to care for all of them, they will

be provided in the following order:

1st. To your spouse;

2nd. To the descendants of the closest grade;

3rd. To ascendants, also of the closest degree; and

4th. To the brothers.

If the concurrent obligors are the spouse, or several children subject to parental

authority, the judge, taking into account the needs of each, will determine the

preference or distribution.

ARTICLE 286. Rights for maintenance Of the debts that the woman is forced to

contract for maintenance of herself and the children, due to the father not providing

what is essential to cover them, he will be responsible for payment in the amount

necessary for that purpose.

ARTICLE 287. The obligation to provide food will be enforceable, as long as the

person who has the right to receive it needs it. Payment will be made in advance

monthly installments, and when the obligee dies, his heirs will not be obliged to

return what he has received in advance.

ARTICLE 288. Anyone who has provided food under protest to collect it has the

right to be compensated by the person who is obliged to pay for it.

ARTICLE 289. The obligation to provide food will cease:

1st. For the death of the alimony;

2nd. When the one who provides them finds it impossible to continue providing

them, or when the need of the one who received them ends;

3rd. In the case of injury, fault or serious damage caused by the obligee, against

whom he must provide them;

4th. When the need for food depends on the vicious behavior or lack of application

to the work of the food provider, while these causes subsist; and

5th. If minor children marry without parental consent.

ARTICLE 290. Descendants cannot demand food either:

1st. When they have reached eighteen years of age, unless they are habitually

sick, disabled or in a state of prohibition; and

2nd. When they have been assured subsistence up to the same age.

ARTICLE 291. The provisions of this chapter are applicable to other cases in

which by law, by will or by contract, there is a right to food, except as agreed or

ordered by the testator or as provided by law, for the special case in which try. The

right to food that comes from a contract or testamentary provision does not, in any

case, prejudice the preference that the law establishes in favor of the relatives of

the obligor.

ARTICLE 292. Obligation to guarantee The person obliged to provide maintenance

against whom there has been a need to file a lawsuit to obtain it, must sufficiently

guarantee the fulfillment of its provision with a mortgage, if he or she has

mortgageable assets, or with a bond or other securities, in the judge's opinion. In

this case, the alimony holder will have the right to have sufficient assets of the

person obliged to provide maintenance recorded, as long as they have not been

guaranteed.

CIVIL AND COMMERCIAL PROCEDURAL CODE. DECREE LAW 107

Articles are applicable: 12, 25, 26, 29, 31, 44, 50, 51, 61, 62, 63, 66, 67, 68,

69, 71, 79, 86, 106, 107, 126, 127, 128 , 129, 130, 131, 177, 178; 181, 186, 194,

195, 427 and 728 since they refer to the exercise of the procedural claim, the

requirements of a first writing, essential documents, causes and consequences of

everything related to Alimony, prove both their appreciation, their assessment, its

practice, declaration of the parties and also refer to documentary evidence; They

also establish in their articles 199, 212, 213 and 216; regarding the Oral Trial, Trial

where all processes relating to Alimony are processed.

ARTICLE 12. COMPETENCE BY REASON OF DOMICILE When personal

actions are exercised, the competent judge, in matters of greater value, is the

Court of First Instance of the department in which the defendant has his domicile;

in the minor case, the minor judge of his neighborhood. In proceedings involving

alimony benefits or payment of pensions for this concept, the competent judge will

be the judge of the place where the defendant resides or where the plaintiff has his

domicile, at the latter's choice.

Item No. 25: Powers of the judge. Judges will have the obligations and powers

established by this Code, the Constitutive Law of the Judicial Body and the

General Regulations of Courts.

Item No. 26: Agreement between the request and the ruling. The judge must

issue his ruling consistent with the claim and will not be able to resolve ex officio on

exceptions that can only be proposed by the parties.

Item No. 29: Attributions. The secretary will be in charge of issuing certifications,

extracts or authentic copies of the documents and actions pending before the

court, as well as the conservation and formation of the files in strict order. He will

receive the writings and documents presented to him, he will give in the same act,

if requested, receipt of the writing and the copies and will immediately inform the

judge with these writings and the background information if any. It will reject the

writings when the copies required by law are not accompanied.

Item No. 31: Notifiers. The notifiers are responsible for informing the parties of the

Court's resolutions and mandates, as well as carrying out the seizures, demands

and other proceedings ordered.

Item No. 44: Procedural Capacity. People who have the free exercise of their

rights will have the capacity to litigate. People who do not have the free exercise of

their rights will not be able to act in court unless they are represented, assisted or

authorized in accordance with the rules that regulate their capacity. Legal entities

will litigate through their representatives in accordance with the law, their statutes

or the corporate deed. Unions, associations or committees, when they do not have
legal personality, can be sued through their presidents, directors or people who

publicly act on their behalf. The State will act through the Public Ministry.

Item No. 50: Technical assistance. The parties must appear assisted by a

registered attorney. The assistance of a lawyer will not be necessary in cases of

very small amounts and when in the town where the Court has its seat, less than

four skilled lawyers are located.

Item No. 51: Procedural Claim. The person who intends to enforce a right or who

declares that he or she has a right may request it before the judges in the manner

prescribed in this Code. To file a claim or counterclaim, it is necessary to have an

interest in it.

Item No. 61: Initial state. The first application submitted to the courts of law will

contain the following:

1st. Designation of the Judge or court to whom it is addressed;

2nd. Full names and surnames of the applicant or the person representing him, his

age, marital status, nationality, profession or trade, address and indication of the

place to receive notifications;

3rd. List of the facts referred to in the petition;

4th. Legal basis that supports the request, citing the respective law;

5th. Names, surnames and residence of the people from whom a right is claimed; If

the residence is ignored, it will be stated;

6th. The request in precise terms;

7th. Place and date; and

8th. Signatures of the applicant and the registered lawyer who sponsors him, as

well as his seal. If the applicant does not know how or cannot sign, another person

or the lawyer assisting him or her will do so for him or her.

Item No. 62: (Requirements of other applications). Other requests on the same

matter do not need to contain the personal identification and residence data of the

applicant or the other parties, but must be assisted by the directing attorney. If this
changes, such circumstance must be expressly stated; In urgent cases, in the

opinion of the Court, the assistance of another registered lawyer may be accepted.

Item No. 63: (Copies). Of every writing and document that is presented, as many

clearly legible copies must be delivered, on plain paper or photocopy, as the

opposing parties must be notified, at whose disposal they will remain from the

moment they are presented.

For the purposes of this article, those who litigate together and under the same

representation will be considered as a single party.

Item No. 66: (Classes of Notifications). Any resolution must be made known to the

parties in legal form and without this they are not bound nor can their rights be

affected. The other people to whom the resolution refers will also be notified.

Notifications will be made, as appropriate:

1st. Personally;

2nd. By the benches of the Court;

3rd. By the copy book; and

4th. By the Judicial Bulletin.

Item No. 67: (Personal notifications). The interested parties or their legitimate

representatives will be personally notified:

1st. The claim, the counterclaim and the first resolution that falls on any matter;

2nd. The resolutions in which the parties are ordered to know which judge or Court

is competent to continue hearing, by virtue of an agreed inhibition, excuse or

recusal;

3rd. Resolutions in which the presence of a person is required for an act or for the

performance of a procedure;

4th. Those that set a deadline for a person to do, stop doing, deliver, sign or

express their agreement or disagreement with anything;

5th. Resolutions to open, receive or deny evidence;

6th. The resolutions in which a warning is agreed and those in which it is made

effective;
7th. The marking of day for sight;

8th. The resolutions that order measures to better provide;

9th. The orders and the sentences; and

10. Resolutions that grant or deny a resource.

All personal notification will be recorded on the same day it is made and will state

the time and place in which it was made and will be signed by the person notified;

but if the latter refuses to sign it, the notifier will attest to this and the notification will

be valid.

Item No. 68: (Notifications by court, by books and by the Judicial Bulletin). The

other notifications will be made to the litigants through the courtrooms or through

the Court's copy books and will take effect two days after the records are posted in

the courtrooms or the copies are added to the respective files.

In addition, a copy of them will be sent by mail to the address indicated to receive

notifications, without this requirement altering the validity of the notifications made

as indicated in the previous paragraph. The notifier who does not comply with

sending copies by mail will incur the sanctions set forth in article 69 of this Code.

The Supreme Court of Justice, by agreement, will organize the Judicial Bulletin,

providing the form and type of notifications that can be made through said Bulletin.

Item No. 69: (Copy of proceedings). A complete and legible carbon copy of every

resolution will be left, which will be signed and sealed by the secretary, stating the

date on which it is signed and identifying the respective file. These copies will be

collected duly ordered and numbered, taking into account the different types of

matters that are processed. The copies of the precautionary resolutions will be

collected in a confidential manner and under his own responsibility by the

Secretary of the Court. The secretary must comply with the obligations imposed by

this article, within twenty-four hours of the resolution being issued, under penalty of

a fine of five quetzales for the first time he fails to comply; of ten quetzales, for the

second, and dismissal for the third.

The copies of the resolutions will also serve to replace any file that is lost.
Item No. 71: (Form of personal notifications). To make personal notifications, the

notary of the Court or a notary appointed by the judge at the expense of the

applicant and whose appointment will preferably fall on the one proposed by the

interested party, will go to the house indicated by the latter and, failing that, to that

of the interested party. his known residence or place where he usually is, and if he

cannot find it, he will notify him by means of a document that he will deliver to

family members or domestics or to any other person who lives in the house. If they

refuse to receive it, the notifier will post it on the door of the house and will express

at the bottom of the document the date and time of delivery and will put in the file

the reason for having notified in that way.

These notifications may also be made by delivering into the recipient's own hands,

wherever within the jurisdiction of the Court, a copy of the application and its

resolution, or just a copy of it, as indicated in the previous article. When the

notification is made by a notary, the judge will deliver to the notary the original and

copies of the request or memorial and the corresponding resolution, and the notary

must sign in the book to confirm receipt. The notaries will record the notification

following the corresponding ruling or resolution.

The litigants' lawyers may not act as notary notaries in the process in question.

Item No. 79: (Place to receive notifications). Litigants have the obligation to

indicate a house or place that is located within the perimeter of the town where the

Court to which they are addressing resides, to receive the notifications and the

appropriate notifications will be made there, even if they change rooms, as long as

they do not express another place where they must be done in the same perimeter.

In the capital, they must establish such a place within the sector between the first

and twelve avenues and the first and eighteenth streets of zone one, unless a

registered attorney's office is designated for this purpose.

The first requests will not be processed where the place to receive notifications is

not established by the interested party in accordance with the above stipulated.

However, the defendant and the other persons to whom the resolution refers will
be notified the first time at the place indicated by the applicant. Anyone who does

not comply with indicating the place to receive notifications in the prescribed

manner will continue to receive notifications through the Court's benches, without

the need for any warning.

Item No. 86: (Sealed paper). The judicial files will be formed on sheets of sealed

paper, in accordance with the prescriptions of the law on the matter.

Item No. 106: (Content of the lawsuit). The complaint will clearly and precisely set

out the facts on which it is based, the evidence to be presented, the legal basis and

the request.

Item No. 107: (Essential documents). The actor must accompany his claim with

the documents on which he bases his right. If he does not have them at his

disposal, he will mention them with as much individuality as possible, expressing

what results from them, and will designate the archive, public office or place where

the originals are located.

Item No. 126: (Burden of proof). The parties have the burden of proving their

respective factual propositions.

Whoever claims something must prove the facts constituting his claim; Whoever

contradicts the adversary's claim must prove the extinctive facts or impeding

circumstances of that claim.

Without prejudice to the application of the preceding rules, the judges will assess,

in accordance with the provisions of the following article, omissions or deficiencies

in the production of evidence.

Item No. 127: ( Appreciation of the evidence). Judges may reject outright those

means of proof prohibited by law, those that are notoriously dilatory, or those

proposed with the aim of hindering the regular progress of the process. The

resolutions issued in this regard are final; but the non-admission of evidence at the

time of its proposal does not prevent it from being received by the court hearing the

Second Instance if it is protested by the interested party, if appropriate.

Incidents regarding the evidence do not suspend the evidentiary term, but rather

with respect to the diligence that motivates the discussion.

The courts, unless otherwise stated in the law, will assess the merit of the evidence

in accordance with the rules of sound criticism. At the time of rendering the

sentence, they will discard evidence that does not conform to the factual points set

forth in the complaint and its response.

Item No. 128: (Means of proof). They are means of proof:

1st. Declaration of the parties;

2nd. Statement of witnesses;

3rd. Expert opinion;

4th. judicial recognition;

5th. Documents;

6th. Scientific means of testing; and

7th. Presumptions.

Item No. 129: (Practice of evidence). The evidence will be received with summons

from the opposing party; and without this requirement they will not be taken into

consideration.

For the evidentiary proceedings, the day and time in which they must be carried

out will be indicated and the opposing party will be summoned at least two days in

advance.

The evidence will be conducted in a confidential manner when, due to its nature,

the Court deems it appropriate.

The judge will preside over all evidentiary proceedings.

Item No. 130: ( Obligation to declare). Every litigant is obliged to testify, under

oath, at any stage of the trial in the First Instance and until the day before the

hearing in the Second Instance, when the opponent so requests, without the

course of the process being suspended for this reason.

For the declaration to be valid, it must be made before a competent judge.

The same party cannot be asked for positions on the same facts more than once.

Item No. 131: ( Citation). The person who must absolve positions will be

summoned personally, at the latest, two days before the one scheduled for the

procedure, under the warning that if he fails to appear without just cause, he will be

considered confessed at the request of the party. To order the summons, it is

necessary that the escrow containing the statement of positions has been

presented, which will remain confidential at the Court Secretariat.

Except in the case of article 138, the impediment referred to in the previous

paragraph must be alleged before the judge makes the confession declaration.

Item No. 177: ( Presentation of documents). The documents that are attached to

the writings or those whose addition is requested as evidence, may be presented

in their original, in a photographic, photostat, or photocopy or through any other

similar procedure. Documents issued by a notary may be presented in a simple

legalized copy, unless the law expressly requires testimony. Photographic and

similar copies that reproduce the document and are clearly legible will be

considered reliable, unless proven otherwise.

If the judge or the opponent requests it, the original document must be shown.

The document that a party presents as evidence will always prove against him.

Item No. 178: ( Admissible documents). All types of documents may be submitted,

as well as photographs, photostats, photocopies, x-rays, maps, diagrams, tracings

and other similar documents.

Letters addressed to third parties will not be admitted as a means of proof, except

in matters relating to the civil status of people, collective execution and in

processes of or against the State, municipalities or autonomous or decentralized

entities.

Item No. 181: ( Documents held by third parties). When the parties must use

documents that are in the possession of third parties, they must request the judge

to order them to deliver the original pieces, a photographic, photostat, photocopy or

transcription authorized by a notary, at the expense of the petitioner. .

Third parties may refuse delivery, in cases where they have exclusive rights over

the documents.

In cases of unjustified refusal, third parties will be subject to payment of any

damages that may be incurred by the party interested in providing evidence.

Item No. 186: ( Authenticity of documents). Documents authorized by a notary or

by a public official or employee in the exercise of their position produce faith and

are full proof, except for the right of the parties to challenge them for nullity or

falsity.

The other documents referred to in articles 177 and 178, as well as private

documents that are duly signed by the parties, are considered authentic unless

proven otherwise.

The challenge by the adversary must be made within ten days following notification

of the resolution that admits the evidence.

However, private documents will only be effective against third parties from the

date on which they have been recognized before a competent judge or legalized by

a notary.

Item No. 194: ( Legal presumptions). Presumptions of law admit evidence to the

contrary, unless expressly prohibited by law. All means of proof are admissible for

this purpose when there is no precept that specifically indicates them.

Item No. 195: ( Human presumptions). Human presumption only produces proof if

it is a direct, precise and logically deduced consequence of a proven fact.

The evidence of presumptions must be serious and agree with the others

presented in the process.

ARTICLE 199. SUBJECT OF THE ORAL TRIAL The following will be processed

in the oral trial:

1. Minor matters.

2. Minor matters.

3. Matters related to the obligation to provide food.

4. Accountability on the part of all persons to whom this obligation is imposed by

law or contract.

5. The division of the common property and the differences that arise between the

co-owners in relation to it.

6. The declaration of boasting.

7. Matters that, by provision of the law or by agreement of the parties, must be

followed in this way.

ARTICLE 212. TITLE TO SUE The plaintiff will present with his claim the title on

which it is based, which may be: the will, the contract, the executory document in

which the obligation is recorded, or the documents justifying the relationship. The

need to order food is presumed, until the contrary is proven.

ARTICLE 213. PROVISIONAL PENSION Based on the documents attached to the

claim and while the obligation to provide food is being aired, the judge will order,

according to the circumstances, that it be given provisionally, setting the amount in

money, without prejudice to the restitution, if the person whoever is sued obtains

an acquittal. If documents justifying the defendant's capabilities are not

accompanied, the judge will prudently set the alimony referred to in the previous

paragraph. During the process, the judge may vary the amount of the pension or

decide that it be given in kind or another form.

ARTICLE 216. MATTER OF THE TRIAL AND COSTS All issues relating to the

establishment, modification, suspension and extinction of the obligation to provide

support will be resolved through the oral trial procedure and by the special

provisions of this chapter. For this type of lawsuits, stamped paper will not be

required from the obligee. The replacement of said paper with the corresponding

seal of law will be the responsibility of the defendant if he is convicted, who in this

case must also be ordered to pay the legal costs.

Family Court Law, Decree 206,

 Articles 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 16 and 21. because they regulate

matters concerning the jurisdiction of family courts, their organization and issues

that are submitted to them.

Item No. 1: Jurisdiction. Family Courts are established with exclusive jurisdiction

to hear all matters related to the family.

Item No. 2: Matters and controversies, regardless of the amount, related to food,

paternity and filiation, de facto union, parental authority, guardianship, adoption,

protection of persons, recognition of pregnancy and childbirth correspond to the

jurisdiction of the Family Courts. , divorce and separation, annulment of marriage,

cessation of de facto union.

Item No. 3: The Family Courts are constituted:

a) By the family courts that hear the matters in the first instance; and b) By the

Family Appeals chambers, which hear in the second instance the resolutions of the

Family Courts.

Item No. 4: The appointment of Magistrates of the appeal chambers and family

judges will be made in the manner established by the laws for ordinary jurisdiction.

Item No. 8: In matters subject to the exclusive jurisdiction of the Family Courts, the

oral trial procedure is governed by Chapter II of Title II of Book II of the Civil and

Commercial Procedure Code.

In matters related to the right to food, the Family Courts will also use the procedure

regulated in Chapter IV of Title II of Book II of the Civil and Commercial Procedure

Code.

Item No. 9: Judgments related to recognition of pregnancy and childbirth, paternity

and filiation, separation and divorce, annulment of marriage, declaration and

cessation of the de facto union and family assets, will be subject to the procedures

that correspond to them according to the Code of Civil Procedure and Trade.

Item No. 10: The procedure in all matters subject to the jurisdiction of the Family

Courts must be acted upon and promoted ex officio, except in the cases referred to

in the previous article.

Legal advice at hearings will only be permitted when provided personally by

registered attorneys.

The Social Services of the Social Welfare and Social Assistance institutions can

collaborate with the parties and attend the hearings.

Social workers may be called by the courts to issue opinions as experts in family

relationships.

Item No. 11: The conciliation procedure of the parties provided for in article 203 of

the Civil and Commercial Procedure Code cannot fail to be held in family trials, and

the judges must personally use the means of conviction and persuasion that they

deem appropriate to achieve an agreement. of the parties, all of which must be

recorded in the proceedings.

Item No. 12: Family Courts have discretionary powers. They must ensure that the

weakest party in family relationships is duly protected; and for this purpose, they

will dictate the measures they consider pertinent. Likewise, they are obliged to

investigate the truth in the controversies that arise before them and to order the

evidentiary measures that they deem necessary, including directly questioning the

parties about the disputed facts, and they will assess the effectiveness of the

evidence in accordance with the rules of the healthy criticism.

In accordance with the spirit of this law, when the Judge considers it necessary to

protect the rights of a party, before or during the processing of a process, he may

dictate ex officio or at the request of the party, all kinds of precautionary measures,

which are They will be ordered without further procedure and without the need to

provide a guarantee.

Item No. 13: Family Judges will be present in all proceedings carried out in the

cases they hear. They must promote the procedure with the greatest speed and

economy, avoiding any delay or unnecessary diligence, and they will impose, on

both reluctant persons and junior personnel, the coercive measures and sanctions

to which they are entitled in accordance with the law.

Item No. 14: The Judges will order the social workers assigned to the Court to

carry out the necessary investigations; These will act immediately, diligently and

quickly, and will render their reports with all truthfulness and objectivity, so that the

problems raised can be resolved with full knowledge of the reality of the situations.

Such reports will be confidential; Only the Judge, the parties and their lawyers will

be able to know them. They may not be publicized in any way, nor may

certification or notarial certificate be issued.

JUDICIAL ORGANIZATION LAW. DECREE NUMBER 2-89 OF THE CONGRESS

OF THE REPUBLIC OF GUATEMALA.

ARTICLE 10. Interpretation of the law. The rules will be interpreted

according to their text, according to the proper meaning of their words; to its

context and in accordance with constitutional provisions.

The whole of a law will serve to illustrate the content of each of its parts, but

the obscure passages of the same may be clarified, taking into account the

following order: a) The purpose and spirit of the same; b) To the reliable

history of your institution; c) To the provisions of other laws on similar cases

or situations; d) In the way that seems most in accordance with equity and

the general principles of law.

ARTICLE 141 . Classification. The judicial resolutions are:

1. Decrees, which are procedural determinations.

2. Courts, which decide matters that are not a simple procedure, or resolve

incidents or the main matter before completing the procedure. The orders must

be properly reasoned.

3. Sentences, which decide the main issue after the process procedures have

been exhausted and those that, without meeting these requirements, are

designated as such by law.

ARTICLE 171. Certifications. The records of the actions carried out by the

courts must not leave the office, and simple photocopies or certifications may be

given to those who request it. Exceptions to this rule are deceased processes that,
for teaching purposes, are requested by the Faculties of Legal and Social

Sciences and other cases determined by law. When it comes to certifications and

partial photocopies of the files, notification of the opposing party, if any, will be

mandatory, with the latter having the right to have the requested certification or

photocopy completed at its expense with the passages indicated. If you do not

make the deposit within the period of twenty-four hours from the moment your

request is delivered to the court, the copy will be issued under the terms originally

requested.

JUDICIAL PROCEEDINGS

With the aforementioned information, an Oral Trial for Extinction of Alimony was

promoted, through a memorial presented in the Pluripersonal Court of First

Instance of Family, of the Department of Alta Verapaz, dated January Twenty-

fourth of the year Two Thousand Thirteen, having offered and provided as means

of proof, the following:

I. CERTIFICATION OF THE MINUTES AND APPROVAL OF

AGREEMENT, dated February twenty-eight of the year two thousand

one, held within the Oral Trial of Increase of Alimony, identified with the

number eighty-eight dash two thousand one, first official (88-2001. Of.

1º.), issued by the undersigned Secretary of the Family Court of First

Instance of the Department of Alta Verapaz.

 II. Birth Certification of ESTEPHANY CLAUDIA LISSANI

VILLAVICENCIO CHEN, issued by the National Registry of Persons of

the Republic, dated December 6, two thousand and twelve, which states

that he has already reached the age of majority.

III. Birth Certification of ALLAN EMMANUEL VILLAVICENCIO CHEN,

issued by the National Registry of Persons of the Republic, dated

September seventeenth, two thousand and twelve, which states that he

has already reached the age of majority.

IV. Birth Certification of ALLAN RONALDO VILLAVICENCIO CHEN,

issued by the National Registry of Persons, dated September

seventeenth, two thousand and twelve, which states that he has already

reached the age of majority.

V. Simple photocopy of the Personal Identification Document DPI, of Mr.

Pedro de Jesús Villavicencio Marroquín.

VI. Declaration on behalf of the defendants ESTEPHANY CLAUDIA

LISSANI, ALLAN EMMANUEL AND ALLAN RONALDO, all with

surnames VILLAVICENCIO CHEN, in their corresponding order,

according to the interrogatory inserted in the corresponding escrow.

VII. Photocopy of the Intern Accreditation, from the student Joél Armando

Rivera Narciso, from the Popular Law Firm of the Mariano Gálvez

University of Guatemala, Cobán extension, Department of Alta Verapaz.

Dated: February 8, Two Thousand and Thirteen, a memorial was presented

correcting the prior resolution dated January Twenty-Fifth, Two Thousand and

Thirteen, since by mistake it was recorded in the evidence section literal d), literal

petition section to ), of the initial document the name of one of the defendants as

ALLAN ROLANDO VILLAVICENCIO CHÉN and not that of ALLAN RONALDO

VILLAVICENCIO CHEN.

On February 11, Two Thousand and Thirteen, the Resolution of the

Pluripersonal First Instance Family Court of the Department of Alta Verapaz was
notified, where a hearing is scheduled, in order to appear at the Oral Trial, for April

3, Two One Thousand Thirteen.

On April 3, Two Thousand and Thirteen, an Oral Trial is held before the

Processing Officer Delia Victoria Estrada Barrera and the Secretary of the

Pluripersonal First Instance Family Court of the Department of Alta Verapaz, who

authorizes, with Mr. PEDRO DE present. JESUS VILLAVICENCIO MARROQUÍN,

in his capacity as Actor, who was accompanied by the Attorney Joél Armando

Rivera Narciso, as well as the gentlemen: ESTEPHANY CLAUDIA LISSANI,

ALLAN EMMANUEL AND ALLAN RONALDO, all with surnames VILLAVICENCIO

CHEN, in said hearing in its Conciliatory Phase , the defendants stated that in

effect they have already reached the age of majority, leaving a photocopy of their

personal identification documents, therefore the father is no longer obliged to pay

them alimony, they also add that they are not disabled people, for this reason they

are not requires no alimony in this regard, requesting both parties to approve the

agreement they have reached and to file the Oral Trial for Extinction of Alimony.

The Honorable Family Judge of First Instance of the Department of Alta Verapaz

resolves to APPROVE the agreement and decree the lifting of the EMBARGO that

weighs on the salary of Mr. PEDRO DE JESUS VILLAVICENCIO MARROQUÍN.

On April 4, Two Thousand and Thirteen, a Resolution was issued by the Judge

of the Family Court of First Instance of the Department of Alta Verapaz, Licda.

Marta Julia Pacay Caal, addressed to the Ministry of Education of Guatemala,

where the Completion of the Discount and Lifting of the Garnishment is Ordered for

the amount of Exact Seven Hundred Quetzales (Q.700.00), which is made on the

Salary of Mr. PEDRO DE JESUS VILLAVICENCIO MARROQUÍN , as Director and

Senior Lecturer in the Ministry of Education of Guatemala.

 BIBLIOGRAPHY:

Books:

AGUIRRE GODOY, MARIO. Civil Procedural Law. Volume II, Volume 2. Printed

in Guatemala by Centro Editorial Vile. 2009

BRAÑAS, ALFONSO. Civil law manual. Printing workshops at the Faculty of

Legal and Social Sciences, University of San Carlos de Guatemala. 1980.

BELTRANENA VALLADARES DE PADILLA, MARÍA LUISA. Civil Law Lessons.

Volume I, Guatemala, Editorial Acadómica Centroamericana, 1995.

COUTURE, EDUARDO. J. Fundamentals of civil procedural law.

GUILLERMO CABANELLAS DE TORRES. Elementary Legal Dictionary.

Heliasta Publishing House, Mexico. Year 2,006.

National Laws

Civil Code, Decree Law Number 106

Civil and Commercial Procedural Code, Decree Law Number 107.

Political Constitution of the Republic of Guatemala.

Family Court Law , Decree Law 206

 SPECIFIC CASE OF DIVORCE TRIAL

IN THE ORDINARY WAY FOR A DETERMINED CAUSE:

CASE No. 2

PROCESS 69-2013. Of. 5th.

Mrs. BRENDA MARICELA MO REY, twenty-four years old, appeared at the

Popular Law Office of the University Center of the Mariano Gálvez University of

Guatemala, Cobán extension, Department of Alta Verapaz, located on sixth

avenue two and thirty-three, zone one of this municipality. old, married,

Guatemalan, housewife, residing in the Municipality of Cobán, Department of Alta

Verapaz.

Who requires the professional services of Bufete Popular; in order to request legal

advice and assistance, to promote DIVORCE TRIAL IN THE ORDINARY WAY

FOR A DETERMINED CAUSE, through the prosecution of one of the university

students. In addition; states that the reason why she wishes to carry out the

Divorce is because her husband has been absent from the Marital Home for more

than a year and it is her wish to Divorce him.

DOCTRINARY STUDY OF THE DIVORCE TRIAL IN THE ORDINARY WAY FOR

A DETERMINED CAUSE.

DOCTRINALLY

MARRIAGE

It is a contract by which a man and a woman establish a union between

themselves, which the law sanctions and which they cannot break of their own will.

But there is no doubt that the foundation of marriage is made up of the spiritual and

physical union of a man and a woman to achieve the supreme goal of procreation

of the species. Undoubtedly, the marriage union is regulated in order to ensure the

greatest permanence and stability of said union, in such a way that the precepts

that govern it are mostly of public order, with application in the field of private law,

but due to their indicated nature They are not susceptible to modification by

individual will.

However, the permanence and stability of marriage do not depend on the will of the

legislator, who establishes standards of mandatory observance by the spouses; It

can happen and in fact it does happen that marital harmony disappears and turns

into a frank or veiled antagonism between the spouses, which when accentuated
creates a situation for both, or that due to certain circumstances prevents the

achievement of important goals of the marriage.

ELEMENTS OF MARRIAGE:

 Subjective Elements: All the people who are involved in the creation of the

relationship are involved, who must necessarily be a man and a woman,

who do not have a legal impediment to carry it out and who have the age

established by law for this purpose.

 Theological Elements: The purposes pursued during the existence of this

bond are found, the main ones being: Encouragement of Permanence,

Living Together, Procreating Children, Feeding, Educating and Helping each

other.

 Formal Elements: These are all the elements that are established in the

law and that must be met to carry out the act.

CHARACTERISTICS OF MARRIAGE:

 The physical union

 The community of life

 family foundation

 Public order institution

 He is heterosexual

 Unit

MARRIAGE CLASSES:

 Religious Marriage: It is authorized by a religious minister, ecclesiastical

priest and has the sacred mentality as its fundamental note.

 Civil Marriage: Celebrated before an optional authority and completing the

formalities that the law establishes for this purpose.

DEFINITIONS
 DIVORCE

It is the breakup of the marriage, during the life of the spouses, either by their

common will, or by the will of one who repudiates the other. Consequently it

means the dissolution of the marriage.

In general terms, the discussion regarding the convenience or inconvenience of

divorce revolves around religious ideas about marriage and the conjugal

partnership or social institution resulting from it can be dissolved, considering its

impact on important moral aspects that govern the development of society.

The problem, however, and without downplaying its social projections in terms of

the community, has, above all, singular relevance for the family itself, for each

family who faces the possibility of its disintegration, whether through simple

separation or divorce, in one or another case, when there are children, they are the

ones who face difficult situations that arise from within the family without being

prepared or without having been prepared to understand the real magnitude, which

results in serious and moral damage; since they suddenly see the family nucleus

that supported them disappear and as a consequence they see their home

dissolved.

The Author PLANIOL-RIPERT: In his definition he makes a difference between

divorce and separation as follows: Divorce is the dissolution during the life of the

spouses of a valid marriage. Separation of bodies is the state of two spouses who

have been exempted by the courts from the obligation to live together; It differs

from divorce only in that the bonds of marriage are weakened without breaking and

eliminating the obligation related to life together. Divorce and separation of two

bodies can only be obtained by a court ruling and for causes determined by law.

Divorce itself is what produces the dissolution of the marital bond, which

necessarily assumes that the spouses are alive and in any case that the marriage

is valid.
For MANUEL OSORIO: The dissolution of the marriage bond, dictated by a

competent Judge, which interrupts cohabitation and puts an end to their life

together.

The issue of divorce, like that of marriage, for the same reasons, has long been

linked to two radically different criteria: the ecclesiastical and the state. According

to the first, only the so-called non-binding or relative divorce (separation of

persons) is acceptable given that for them the marriage is indissoluble, unless due

to the death of one of the spouses or for very special reasons that the church itself

determines. For the state's criteria, generally speaking, it is advisable and there is

no valid reason against a marriage being dissolved if the purposes of the marriage

were not achieved and given the impossibility of a healthy coexistence, which

mainly affects the children.

ELEMENTS OF DIVORCE:

 Subjective Element: Spouses, a man and a woman. To qualify as a

spouse, it is necessary that you have entered into a marriage with each

other, that it has been duly authorized and that it has not been challenged

for annulment.

 Objective Element: The behavioral acts of the spouses, which give reason

to invoke divorce. The law specifically indicates the causes for requesting

divorce if it is for a specific reason. In the case of divorce by mutual

consent, these will be the acts that make life together impossible for the

spouses.

 Formal elements: This is governed by a series of procedures that need to

be met for the divorce to be declared. If it is by unilateral decision it will be

through an ordinary trial, completing all its stages. If it is the case of a

voluntary divorce, it will be voluntary, the judge will submit for consideration

a draft agreement prescribed in the Civil Code in its art. 163.

CHARACTERISTICS OF DIVORCE:
  Act of mutual agreement: The law provides that when spouses, for

reasons they consider compelling or because life together becomes

unbearable, they may very well request the dissolution of the marital bond.

 Unilateral Act: This occurs when there is a specific cause for the blameless

spouse, invoking it, to request the breakup of the marriage.

 Divorce for specific reasons must be requested within six months following

the day on which the facts on which the claim is based have become known

to you.

 One year of marital life must pass to request divorce by mutual consent.

 Divorce cannot be declared by a search or confession of the guilty spouse,

but rather an entire process must be followed to demonstrate to the judge

the existence of the cause invoked.

 For a divorce to occur, the bond of legally authorized marriage must

necessarily exist and without it having been challenged for annulment.

 Divorce dissolves the marital bond.

EFFECTS OF DIVORCE:

 Liquidation of the marital property that proceeds when the judgment

declaring the divorce is final and to whose effect the marital property will be

liquidated in the terms prescribed in the marriage agreements, by law or by

the conventions that the spouses have entered into. (Art. 159, 170 Civil

Code).

Article 159 of the Civil Code establishes: The following are common civil effects

of separation and divorce:

1st. The liquidation of marital assets;

2nd. The right to food in favor of the blameless spouse, if applicable; and

3rd. The suspension or loss of parental authority, when the cause for separation or

divorce carries it with it and there is an express request from the interested party.
Article 170 of the Civil Code establishes: Liquidation of marital assets. Once

the judgment declaring the non-subsistence or nullity of the marriage, or the

separation or divorce, is final, the marital assets will be liquidated in the terms

prescribed by the capitulations, by the law, or by the conventions that the spouses

have entered into.

 It is the dissolution of the marital bond that leaves the spouses free to

contract a new marriage as established in Art. 161 of the Civil and

Commercial Procedure Code.

 Marriage establishes the legal bond that unites a man and a woman, with

the aim of remaining together throughout their lives and for the purposes of

procreating, educating, feeding their children and helping each other.

 With divorce, that union is dissolved and as a consequence each spouse

regains their single marital status.

 Once a divorce is declared, a woman is prohibited from using the surname

of her former spouse. The woman acquires this right at the time of marriage

to add to her own surname which her husband, by virtue of the dissolution,

loses this right.

Article 162 establishes: (Protection of women and children). From the moment

the request for separation or divorce is submitted, the woman and children will be

under the protection of the authority for the safety of their persons and property,

and urgent measures will be issued as necessary. The children will provisionally

remain in the possession of the spouse determined by the Judge, until a definitive

resolution is made, unless serious causes force them to be entrusted to a

provisional guardian.

Article 169 establishes: ( Pension to women). The guilty woman will enjoy the

alimony referred to in paragraph 3. Of article 163, which will be set by the Judge, if

the spouses do not do so, taking into account the possibilities of the person who

must provide it and the needs of the person who is to receive it.
The woman will enjoy the pension as long as she observes good behavior and

does not contract a new marriage; and the blameless husband will have the same

right, only when he is unable to engage in work that provides him with a means of

subsistence and does not marry again.

Article 166 establishes: (To whom the children are entrusted). Parents may

agree to whom they entrust their children; but the Judge, for serious and motivated

reasons, may decide differently taking into account the well-being of the children.

The Judge may also decide on the custody and care of minors, based on studies

or reports from social workers or organizations specialized in the protection of

minors. In any case, they will ensure that parents can communicate freely with

them.

Article 167 establishes: (Obligation of separated parents). Whatever the

stipulations of the agreement or the judicial decision, the father and mother remain

subject, in any case, to the obligations they have towards their children and retain

the right to interact with them and the obligation to supervise their education.

Article 171 establishes: (Loss of surname). A divorced woman does not have the

right to use her husband's surname.

Article 161 establishes: The inherent effect of divorce is the dissolution of the

marital bond, which leaves the spouses free to enter into a new marriage.

CAUSES THAT CAN BE GIVEN TO OBTAIN A DIVORCE:

 Infidelity of either spouse.

 Bad treatment at work, continuous quarrels and disputes, serious insults

and offenses to honor and, in general, conduct that makes life together

unbearable;

 The attempt by one of the spouses against the life of the other or the

children;
 Voluntary separation or abandonment of the marital home or unmotivated

absence for more than one year;

 The fact that the woman gives birth during the marriage to a child conceived

before the marriage, provided that the husband was not aware of the

pregnancy before the marriage;

 The incitement of the husband to prostitute the wife and corrupt the children;

 The unfounded refusal of one of the spouses to comply with the other or

with their common children, the duties of assistance and food to which they

are legally obliged;

 The dissipation of the domestic estate;

 Gambling habits or drunkenness, or the constant and improper use of

narcotics, when they threaten to cause the ruin of the family or constitute a

continuous cause of marital disagreement;

 The report of a crime or slanderous accusation made by one spouse against

the other;

 The conviction of one of the spouses, in a final sentence, for a crime against

property or for any other common crime that deserves a sentence of more

than five years in prison;

 Serious, incurable and contagious illness, harmful to the other spouse or

offspring;

 Absolute or relative impotence for procreation, provided that by its nature it

is incurable and after marriage;

 The incurable mental illness of one of the spouses that is sufficient to

declare the interdiction; and

 Likewise, it is cause to obtain a divorce, the separation of people declared in

a final judgment.
 FORMS OF DIVORCE

Doctrinally Because of its effects Legally

Article 154 of the Civil

Because of its
Code regulates two
shape
Bind or absolute divorce forms of divorce,
which are:

By Mutual Agreement Divorce for specific

No linking or separation reasons

For a specific reason Divorce by mutual

agreement of the
spouses

CONCEPTS

Divorce for specific reasons

It is one in which one of the spouses, by unilateral will, requests it before a

competent jurisdictional body, alleging one of the causes that are expressly

numbered in the law and attributable to the other spouse, which is subject to

verification by all means of proof. necessary, to conclude with a sentence that

declares the dissolution of the marital bond.

Divorce for specific reasons predominates in countries that do not accept divorce

by mutual agreement.
Our civil legislation lists the causes that can give rise to the request for divorce for

specific reasons. Within the limitations regulated by Guatemalan legislation

regarding this type of divorce, we have that divorce for specific reasons can only

be requested by the spouse who has not given cause, thereby preventing divorce

from being requested for a cause deliberately caused by one of the spouses.

A deadline is also set to be able to request a divorce for specific reasons, which is

within six months following the day on which the facts on which the claim is based

have become known to the spouse, this is because if it is raised The claim after six

months is considered to be consenting to the cause.

In its purely procedural aspect, divorce for specific reasons is processed through

ordinary means, by virtue of not having a special procedure, in the following

chapters we will go into more depth on the topic.

Divorce for specific reasons in Guatemalan legislation .

Binding divorce.

This type of divorce is also called absolute or binding divorce, some authors call it

necessary divorce, and it originates from any of the causes expressly indicated by

law, the blameless spouse has the right to invoke them and the respective

procedure is carried out through the ordinary trial, which aims to obtain a ruling that

declares the corresponding right after receiving and processing the evidence that

demonstrates the cause invoked.

Attorney Alfonso Brañas states in this regard as follows: “divorce for specific

reasons is the typical absolute or binding divorce, not in terms of its effects,

identical to those of voluntary divorce or divorce by mutual agreement, but rather

as it constitutes precisely the form accepted by legislation that does not accept

divorce by mutual consent.

The dissolution of the marriage bond is not left to the agreement of the spouses; It

is necessary that one of these invoke one or some of the causes that the law has

previously established as the only reasons to demand the dissolution of the

marriage.”

Article 155 of the Guatemalan Civil Code, Decree Law 106, regulates the causes

for obtaining a divorce, being fifteen in total, these being:

1st. Infidelity of either spouse: This circumstance consists of one of the spouses

maintaining intimate relations with another person in such a way that it violates the

essence of the marriage, and that said offense merits the dissolution of the marital

bond.

Always taking into account infidelity as disloyalty, or the breach of the legal duty of

marital fidelity, which constitutes one of the principles on which marriage is based.

2nd. Bad treatment at work, continuous quarrels and disputes, serious

insults, offenses to honor, and in general, conduct that makes life together

unbearable. We must keep in mind that this subsection actually implies several

causes, such as poor treatment at work, which consists of physical attacks by one

of the spouses on the other, continuous quarrels and disputes, which consist of

fights and attacks. between spouses and that make life together impossible,

serious injuries, in addition to offenses to honor, always remembering that injury is

an offense to honor, causes that are closely linked and that it does not need to

have been previously declared. in a judicial ruling, since it is enough that the

behavior that makes life together unbearable can be demonstrated through the

ordinary divorce trial. This cause is of very general application and in which all

those behaviors that, without being expressly regulated, can be classified. produce

intolerance of life together.

3rd. The attack by one of the spouses against the life of the other or the

children. This cause occurs when one of the spouses commits a criminal act
against the life of the other in a way that puts the life of the latter or the children at

serious risk. Like the previous cause, a conviction is not necessary. in which the

criminal act is recorded, it is sufficient to demonstrate the existence of the attack

within the processing of the ordinary divorce trial.

4th. The separation or voluntary abandonment of the marital home or the

unmotivated absence, for more than one year , in this case two important

aspects must be kept in mind, the first is that the separation or abandonment is

voluntary, that is, without any type of coercion that affects to the spouse who

separates or abandons the marital home, and the second is the unmotivated

absence for more than one year, which must be without any justification and in

which case a judicial declaration of absence is not necessary, it is enough that said

absence is demonstrated within the processing of the ordinary trial.

5th. The fact that the woman gives birth during the marriage to a child

conceived before the marriage, provided that the husband was not aware of

the pregnancy before the marriage. This circumstance is related to the rules that

regulate filiation in Guatemalan legislation, since in accordance with article 201 of

the Guatemalan Civil Code, Decree Law 106, it is established: “a person born

within one hundred and eighty days following the celebration of marriage, the

husband's child is presumed if he does not contest his paternity.”

It is also related to the first paragraph of article 204 of the same legal body, which

establishes “the action of the husband, denying the paternity of the child born to his

spouse, must be tried judicially, within sixty days, counted from the date of birth, if

is present; from the day you returned to your spouse's residence, if he or she was

absent; or from the day he discovered the fact, if the birth was hidden from him.”

This cause presupposes that if the woman was pregnant before the marriage was

celebrated due to having had sexual relations with a man other than her husband,

ignoring him, the woman damages the husband's honor in such a way that justifies
the dissolution of the marriage, in the case of If the marriage has been celebrated,

and the child has been born within one hundred and eighty days of the marriage,

the law presumes that the minor is the child of the husband, but gives him a period

of sixty days counted from the date of birth, from the the day you returned to your

spouse's residence or from the day you discovered the birth if it had been hidden

from you, so that you can file the respective action to challenge paternity, however

if the child is born before one hundred and eighty days established by law, the

father may be unaware of it since the law does not presume its legitimacy; in this

case it would not be necessary for the father to file an action to challenge paternity.

6th. The incitement of the husband to prostitute the wife or corrupt the

children. This cause consists of the husband openly immorally intending that the

wife dedicate herself to sexual intercourse in exchange for monetary remuneration,

or also that the husband intends to deprave, vitiate or pervert the children.

7th. The unfounded refusal of one of the spouses to comply with the other or

with their common children, the duties of assistance and food to which they

are legally obliged. This cause arises when one of the spouses does not comply

with the duties assigned by law, towards the children, or towards the other, taking

into account that among the purposes of marriage are to live together, procreate,

feed and educate their children and help each other.

8th. The dissipation of the domestic economy. This cause arises when either of

the spouses dissipates, squanders or wastes family assets intended for the

maintenance of the home, particularly furniture and money necessary to maintain

the family.

9th. Gambling or drunken habits, or the constant and improper use of

narcotics, when they threaten to cause the ruin of the family and constitute a

continuous reason for marital disagreement. These causes arise when either of

the spouses dedicate themselves to drinking intoxicating or alcoholic beverages, to

improperly using, that is, without a medical prescription, any type of narcotics, in

addition to having a habit of gambling; However, the characteristic of these causes

is that it is not enough for them to occur only once, in isolation, but rather they have

to occur constantly, such is the case of gambling or drunkenness, which must

constitute a habit in the spouse, and the abuse of narcotics must be constant in

such a way as to put family integrity at risk and continually cause differences

between spouses.

10th. The report of a crime or slanderous accusation made by one spouse

against the other. This cause applies when one of the spouses falsely denounces

or imputes a crime to the other spouse, having as a characteristic that in this case

it is necessary that a final sentence be issued stating the real existence of the

slander, since it is not enough that the aggrieved spouse considers that the other

spouse has committed slander against him or her.

11th. The conviction of one of the spouses, in a final sentence, for a crime

against property or for any other common crime that carries a penalty of

more than five years in prison. This cause arises when one of the spouses

commits a crime against property or more specifically crimes against assets

typified by title VI of the Guatemalan Penal Code, Decree number 17-73,

regardless of the penalty imposed in a final sentence or the crime in question, as

long as the legal asset protected is the assets of the persons, also applies when

one of the spouses commits a common crime regardless of what it is, but as long

as a final sentence is imposed on them. penalty of more than five years in prison.

12th. The serious, incurable and contagious disease, harmful to the other

spouse or offspring. With this cause, the legislator intended to protect the health

of both the healthy spouse and the health of the children, however, in order for this

cause to be alleged, it had to be taken into account that the disease had to be

serious, but also incurable and contagious, in the sense that even if the sick

spouse was under medical treatment, the probabilities of contagion were high.
13th. Absolute or relative impotence for procreation, provided that by its

nature it is incurable and after marriage. In this regard, Mr. Alfonso Brañas

states: "it must be understood that absolute impotence is inclusive of the inability to

have sexual relations, which may be due to psychological inhibitions or inadequate

conformation, congenital or accidental, of the sexual organs and the inability for

procreation. Relative impotence has to be limited to the inability to procreate, to the

lack of ability to engender.” In this case, it is required that the impotence be after

the marriage, so that if it were impotence prior to the marriage it would constitute a

case of annulment regulated in paragraph 2. of Article 145 of the current Civil

Code, which can be requested within the first six months of the marriage.

14th. The incurable mental illness of one of the spouses that is sufficient to

declare the interdiction. The cause arises when one of the spouses suffers from

a mental illness that deprives him or her of discernment, in such a way that the

declaration of a state of interdiction of the spouse can be requested.

15th. The separation of persons declared in a final judgment. This cause

proceeds after obtaining a final ruling declaring the separation of the spouses, in

this case the spouses, even with the separation of bodies, maintain the marriage

bond, but in these circumstances any of them can request the dissolution of the

marriage bond through the divorce for specific reasons, alleging this cause.
FLOW CHART OF THE PROCEDURAL PHASES OF THE ORDINARY TRIAL

ACTIVE
Within 6 days of summons, PRELIMINARY
EXCEPTIONS Art, 116, 120, 121 CPCYM may be filed.

RESOLUTION
DEMAND Once the Complaint is
1. List of the facts on presented in the required SITE ATTITUDE OF THE DEFENDANT
which it is based.
manner, the Judge will
2. Legal foundations
on which it is summon the defendants,
based. granting them a hearing
3. Trial Offer for 9 common days. PASSIVE
4. Request in precise AUDIENCE Rebellion or
terms Contumacy
For 9 days Art. 111 and
112 Arts. 113
and 114
CPCYM.

EXTENSION OR
LEGAL BASE CONCILIATION
MODIFICATION OF THE
111 From CPCYM The courts may, ex officio or at the request of
CLAIM BEFORE IT IS
a party, summon conciliation of the parties, at
ANSWERED.
any stage of the process. If the parties reach
LEGAL BASE
an agreement, a record will be drawn up
61, 63, 96, 106, 107,
signed by the judge or president of the court,
108, 109, 229 and 230 of
in case by the parties or their representatives
CPCYM
LEGAL BASE duly empowered to compromise and by the
Art. 110 CPCYM secretary. Art. 97 CPCYM.
FLOW CHART OF THE PROCEDURAL PHASES OF THE ORDINARY TRIAL CONTINUED
Spontaneous
confession about
TRIAL PERIOD
the facts of the
lawsuit. Art. 140,
141 CPCYM

It is processed
Affirmative If there are
as the request
response to the controversial
claim. Search Prior facts, the process
ratification by the is opened for
judge will rule testing for a
without further period of 30 days
procedure. Art. art. 123 CPCYM.
115 CPCYM This is declared
ACTIVE expired if the
evidence offered
has been taken, or
Simple if the parties
You can also mutually request
Negotiation
jointly, when it. Art. 125
Contradicting the answering the CPCYM.
claim of the actor, Inter. claim, put
Negative
alleging extinctive, peremptory
response to the
taxing or exceptions or
Claim. Art. 118
modifying facts propose a
CPCYM
counterclaim art.
118 and 119 CPCY
FLOW CHART OF THE PROCEDURAL PHASES OF THE ORDINARY TRIAL CONTINUED
REQUEST FOR EXTRA-ORDINARY TRIAL
EXTENSION OF PERIOD 120 DAYS
TRIAL PERIOD
If in the complaint or its
It must be done 3 response, evidence is offered
days before the that must be received outside
regular term ends. It the Republic and proceed
is processed in legally at the request of the
INCIDENT Art. 123 party, the judge will set a non-
CPCYM. This term extendable term that does not
may be extended for exceed 120 days. The one that
10 more days. begins to be counted together
with the extraordinary Art.
124 and 125 CPCYM.
VIEW
Art. 196 CPCYM and 142 of the JUDGMENT
LOJ. 15 days Within 15 days
Once the evidentiary term has
concluded, the secretary
records it, without order, adds Once the HEARING
records, evidence presented has taken place, a
and account to the judge, and JUDGMENT will be
the judge automatically issued in
indicates the day and time for accordance with
the hearing within a period of article 198
10 days, an opportunity in CPCYM. And 142
which he can ALLEGE verbally of the LOJ
or in writing by the parties'
lawyers and if they request it,
it can be PUBLIC.
 LEGAL STUDY, ANALYSIS AND SEQUENCE OF THE DIFFERENT STAGES

OF THE DIVORCE TRIAL IN THE ORDINARY WAY FOR A DETERMINED

CAUSE.

The request for divorce for specific reasons, filed by one of the spouses, must be

substantiated through the ordinary trial, in accordance with Article 96 of the Civil

and Commercial Procedure Code, which establishes: “(Ordinary route). Disputes

that do not have special processing indicated in this Code will be heard in an

ordinary trial.” More specifically, it was ratified in the instructions for family courts,

through circular number 42/AH of the Secretary of the Supreme Court of Justice,

addressed to first instance, family and peace judges of the Republic of Guatemala,

referring to the interpretation and application of precepts related to the family,

which establishes: “B) CASES THAT MUST BE PROCESSED IN ORDINARY

WRITTEN TRIAL: In accordance with the provisions of article 9. of the Family

Court Law and in articles: 96, 437 and 445 of the Civil and Commercial Procedure

Code, the following controversies must be processed in an ordinary written trial:

a) Those relating to the economic regime of marriage, (e.g. marital property);

b) Annulment of marriage;

c) Separation and divorce;

d) Declaration and cessation of the de facto union;

e) Paternity and filiation;

f) Opposition in cases of recognition of pregnancy or childbirth; and,

g) Opposition to the constitution of family assets.”

Subparagraph c) refers to divorce and separation for specific reasons, since

divorce and separation by mutual consent do have a procedure expressly

regulated in the Civil and Commercial Procedure Code from Article 426 to Article

434.
competent court

Regarding which court is competent to process the ordinary divorce trial for specific

reasons, it was regulated in Articles 1 and 2 of the Family Court Law, Decree Law

number 206, which establish: “ Article 1. Family Courts are established with

exclusive jurisdiction to hear all matters related to the family.

Article 2. Matters and controversies, regardless of the amount, related to food,

paternity and filiation, de facto union, parental authority, guardianship, adoption,

protection of persons, recognition of pregnancy and childbirth, divorce correspond

to the jurisdiction of the family courts. and separation, annulment of marriage,

cessation of the de facto union and family assets.”

Procedure

Initial writing

The process begins with the presentation of the initial application, which must meet

the requirements of article 61 of the Civil and Commercial Procedure Code, which

in this regard establishes: “(Initial document). The first application submitted to

the courts of law will contain the following:

1st. Designation of the judge or court to whom it is addressed;

2nd. Full names and surnames of the applicant or the person representing him, his

age, marital status, nationality, profession or trade, address and indication of the

place to receive notifications;

3rd. List of the facts referred to in the petition;

4th. Legal basis on which the request is based, citing the respective laws; 5th.

Names, surnames and residence of the people from whom a right is claimed; if

residence is ignored. it will be stated:

6th. The request in precise terms.

7th. Place and date; and

8th. Signatures of the applicant and the registered lawyer who sponsors him, as

well as his seal. If the applicant does not know how or cannot sign, another person

or the lawyer who assists him will do it for him.”

In addition to the previous requirements, the initial document must clearly and

precisely set out the evidence to be given; the documents on which the right is

based must also be accompanied with the claim, and if you do not have the

documents at your disposal, provision, they must be identified, their content

expressed, and the archive, public office, or place where the original documents

are located. If the claim documents are not presented, they cannot be presented

later, unless justified impediment.

In this regard, in divorce for specific reasons, it is necessary to attach with the

application: the following documents:

1st. Certification of the marriage certificate of the spouses, certifications of the birth

certificates of the children conceived by both and the death certificates of the

children who have died;

2nd. The marriage agreements, if they had been celebrated; and

3rd. List of assets acquired during the marriage.

First resolution

This is the moment in which the counting of the deadlines that, in accordance with

our legal system, govern the substantiation of the ordinary divorce trial for specific

reasons begins. In this regard, we will remember that after the lawsuit has been

filed, it is appropriate for the family judge to , issue the first resolution processing

the claim, or, if applicable, if there are formal defects, order these to be corrected,

and if there are substantive defects, the judge may reject the claim.

Notification of the first resolution

The first paragraph of Article 67 of the Civil and Commercial Procedure Code

establishes: “(Personal Notifications).- The interested parties or their legitimate

representatives will be notified personally:

1st. The claim, the counterclaim, and the first resolution that falls on any matter;…”.

Let us also remember that notifications can be made personally, through the court

benches, through the copy book or through the judicial bulletin, it must be kept in

mind that personal notification has a procedure that the notifier must comply with to

carry it out, it is regulated in Article 71 of the Civil and Commercial Procedure

Code. The term to notify is regulated in the first paragraph of Article 75 of the Civil

and Commercial Procedure Code which establishes: “(Term to notify). The

notifications must be made to the parties or their representatives, and those that

are personal will be carried out within twenty-four hours, under penalty of two

quetzals fine to the notifier, unless due to the number of those who must be

notified, longer time is required for trial. judge."

In the case of the ordinary divorce trial for specific reasons, the deadline for

notifying the first resolution must be that established by law, since those who must

be notified are only the spouses. However, there is justification for not being able to

notify within the legal period, when the notification must be made by letter, dispatch

or request, when it is necessary to notify a person residing outside the place of the

process.

Content of the first resolution

The first resolution generally contains several important aspects, among which we

have: ™ The divorce application for specific reasons is accepted for processing in

the ordinary way. The documents accompanying the claim are deemed to have

been presented and the related means of evidence offered. ™ The proposed

assistant is the directing attorney and the designated assistant is the place to

receive notifications. ™ The defendant is warned to indicate a place to receive

notifications within the legal perimeter, under warning to do so by the courts of the

court. ™ A provisional alimony is established in favor of the plaintiff. ™ The day

and time is set to hold the conciliation meeting.

Site

The summons is the period that the court grants to the defendant party to adopt an

attitude regarding a claim, under penalty of having a consequence detrimental to

its interest, for example in the case of default. The term of the summons in the

ordinary trial is regulated in Article 111 of the Civil and Commercial Procedure

Code, which establishes: “(Term of the summons). Once the complaint is

presented in due form, the judge will summon the defendants, granting them a

hearing for nine days common to all of them.” With the respective notification of

the lawsuit, the summons is given which sets a period for the summons to make

use of any of the defendant's attitudes. However, it must be clarified that the

termination of the summons does not preclude, because, according to the

aforementioned Article, an acknowledgment of default is required to deprive the

defendant of the right to answer the complaint. The term of the summons is 9 days

for the defendant.

Attitudes of the defendant

After having been notified, and aware of the summons issued by the jurisdictional

body, the defendant may assume any of the attitudes regulated in the Civil and

Commercial Procedure Code.

Default of the defendant

Article 113 of the Civil and Commercial Procedure Code establishes: “If the

defendant does not appear after the term of the summons has elapsed, the

complaint will be considered answered in the negative and the trial will continue in

absentia, at the request of the party.”

In this regard, De La Plaza says: “rebellion or contumacy is that situation that

occurs when one of the parties does not appear at the trial, or when, having

appeared, they are absent from it. If the defendant does not appear at the process

within nine days of summons, the claim will be considered answered in the

negative. This has the consequence that he can no longer offer evidence later,

since the procedural moment to do so is with the answer of the lawsuit, another

important aspect is that the trial is followed in default of the defendant, but at the

request of the party, this means that the plaintiff must make the respective request,

which in the doctrine is known as an accusation of default, subsequently the The

judge must declare the defendant's default and order the continuation of the trial.

Another negative effect for the defendant that arises from the declaration of default

is that a seizure may be placed on his assets in sufficient quantities to ensure the

outcome of the process.

However, despite all the disadvantages that the declaration of default entails, the

law allows the defendant to appear after it, and gives him the opportunity to take

the proceedings in the state in which they are located.

Furthermore, the declaration of default and the seizure can be annulled, if the

defendant proves that he did not appear due to force majeure, the seizure can also

be replaced by proposing assets or sufficient guarantee in the judge's opinion.

If the default of the defendant is consummated, the plaintiff must request the

declaration of default and the continuity of the process, the judge will resolve with a

decree, no later than the day after receiving the request, and will notify within 24

hours at the place designated to receive notifications by the plaintiff. This period

should not be longer than 2 days.

Break-in

The acquiescence is the procedural act that the defendant makes consisting of

accepting the claims made by the actor in the lawsuit, this is regulated in Article
115 of the Civil and Commercial Procedure Code which establishes: “If the

defendant acquiesces to the lawsuit , the judge, after ratification, will rule without

further procedure.”

However, the search within the ordinary divorce trial for specific reasons does not

produce any effect, as is regulated in the second paragraph of Article 158 of the

Civil Code, which establishes: “Divorce or separation cannot be declared with the

simple search of the defendant.

Likewise, the confession of the defendant about the cause that motivates it is not

sufficient evidence to declare divorce or separation.”

As such, if the defendant appears at trial through a search warrant, it will have no

effect and the trial would have to continue.

Demand response

The response to the complaint is the procedural act by which the defendant

responds to the factual and legal arguments that have been formulated against him

by the plaintiff in his complaint.

The answer to the claim gives the defendant the opportunity to formulate his

claims. Some authors consider that at this moment the defendant brings the action,

but the purpose of this is to dismiss the claim. With the answer to the claim, the

facts about the which the test will cover.

The response to the claim was regulated in the first paragraph of Article 118 of the

Civil and Commercial Procedure Code, which establishes: “(Answer to the claim).

The response to the claim must meet the same requirements as the statement of

claim.

If documents must be accompanied, the provisions of Article 107 and Article 108

will apply.” The response to the claim must contain the same requirements as the
claim, in terms of content and form, which is why it must contain a precise list of

the facts, the offering of evidence, the statement of law and the request.

The moment of answering the complaint is the precise period for the defendant to

offer the evidence that is intended to be completed in its respective procedural

stage.

By virtue of what is indicated in the previous paragraph, in cases of default in which

the defendant does not appear at trial to answer the complaint, and as long as the

plaintiff presents the accusation of default and the judge resolves the declaration of

default, the Consequently, the defendant will no longer be able to offer evidence

later because the procedural moment to do so has been precluded.

Another important aspect of the response to the claim is regulated in Article 110 of

the Civil and Commercial Procedure Code which establishes: “(Change of claim).

The claim may be expanded or modified before it has been answered.” The cited

Article regulates that the plaintiff has the possibility of expanding or modifying his

claim, but until it has been answered by the defendant, once the claim has been

answered, the plaintiff can no longer expand or modify his claim.

Approach to peremptory exceptions

Peremptory exceptions are those means of defense that attack the substance of

the matter, trying to make ineffective the substantial right sought in court. These

are also called substantial exceptions.

In practice, these exceptions consist of the presentation of any allegation that may

extinguish or annul the plaintiff's claims, which is why they cannot be listed or

named.

Directly related to the answer to the claim, is the presentation of peremptory

exceptions, by virtue of being the opportune moment to oppose them, this

regulated in the second paragraph of Article 118 of the Civil and Commercial
Procedure Code, which establishes: “When answering the claim, The defendant

must file any peremptory objections he may have against the plaintiff's claim.

Those born after the response to the lawsuit can be proposed at any instance and

will be resolved in a ruling.”

The presentation of peremptory exceptions does not present a major problem in

terms of deadlines because their resolution is pronounced in a ruling.

Approach to prior exceptions

The prior exceptions are the means of defense that are used to purify the process

and avoid subsequent annulments. The purpose of the prior exceptions is to purify,

not to delay the process as has been used in Guatemalan civil procedural practice.

The prior exceptions fall on the process and not on the law, alleging absence or

defect in the procedural assumptions.

The Civil and Commercial Procedure Code regulates what the prior exceptions are

in Article 116 which establishes: “(Prior Exceptions). The defendant may raise the

following prior objections:

1st. Incompetence;

2nd. Lis pendens;

3rd. Defective demand;

4th. Lack of legal capacity;

5th. Lack of personality;

6th. Lack of personality:

7th. Failure to comply with the deadline or condition to which the obligation or right

being asserted is subject;

8th. Expiration;
9th. Prescription;

10. Res judicata; and

11. Transaction.”

In addition to the Article cited in which the prior exceptions are listed, the same

legal body also regulates the exception of roots and considers it as a prior

exception: “(Exception of roots). If the plaintiff is a foreigner or transient, it will also

be a prior exception to guarantee legal sanctions and costs. damages. This

exception does not apply:

1st. If the plaintiff proves that in the country of his nationality this guarantee is not

required of Guatemalans; and

2nd. If the defendant is also a foreigner or a transient.”

The purpose of this exception is to grant Guatemalans who are sued by a foreign

person or transient in Guatemala the right to demand, before entering into the

merits of the litigation, a guarantee sufficient to cover legal costs in the event of the

foreigner being convicted, damages and losses. that may occur and affect the

national litigant.

The procedure for filing them, as well as the way to resolve them, is regulated in

article 120 of the Civil and Commercial Procedure Code, which establishes:

“(Interposition of prior exceptions). Within six days of the summons, the defendant

may assert the previous exceptions.

However, at any stage of the process you may oppose lis pendens, lack of legal

capacity, lack of personality, lack of legal status, res judicata, expiration transaction

and prescription.

“The processing of exceptions will be the same as incidents.”

The processing of prior exceptions, which is regulated in the second paragraph of

Article 120 of the Civil and Commercial Procedure Code, which establishes: “The

processing of exceptions will be the same as incidents.” In this regard, Manuel

Osorio says: “that incidents are accessory litigation that originates from the

substantiation of a trial, generally regarding procedural circumstances that are

resolved with an interlocutory ruling (which, without prejudging the substance of the

matter, resolves incidental issues) ”.

The processing of incidents as regulated by the Judicial Branch Law, Decree 2-89,

from Articles 135 to 140:

 Once an incident is promoted, a hearing will be given to the other interested

parties, if any, for a period of two days.

 If the incident refers to matters of fact and any of the parties request that it be

opened to evidence or the judge considers it necessary, it will be opened to

evidence for a period of eight days, the parties must offer the evidence and

individualize it when promoting the incident or when evacuating the hearing.

 The judge will resolve the incident without further processing within three days

of the hearing period and, if it has been opened, approves. The resolution will

be issued within the same period after the conclusion of the test.

The resolution will be appealable, except in cases in which the laws that regulate

special matters exclude this appeal or in cases where incidents are resolved by

collegiate courts.

The period to resolve the appeal, when it is filed, will be three days. The appeal will

have suspensive effects in incidents that hinder the course of the main matter.

In other cases it will not have such effects and the main matter will continue its

processing until it is in a state of final resolution. The court that hears the case will

do so based on a copy of the proceedings certified by the corresponding secretary.

Exceptions are incidents that put an end to the process, in which case the process

will be suspended.

Legal analysis of deadlines for the ordinary divorce trial for specific reasons

 The ordinary trial begins with the presentation of the claim.

 The first resolution is issued, this resolution is pending, therefore it is regulated

as a decree, consequently it must be resolved in accordance with the

provisions of the first paragraph of Article 142 of the Law of the Judicial Branch,

which establishes: “the rulings or Decrees must be issued no later than the day

after the applications are received;”.

 Notification of the first resolution: after the first resolution has been issued, it is

appropriate to make the notification; the period for notifying is regulated in the

first paragraph of article 75 of the Civil and Commercial Procedure Code, which

establishes: “(Term for notifying). The notifications must be made to the parties

or their representatives, and those that are personal will be carried out within

twenty-four hours, under penalty of two quetzals fine to the notifier, unless due

to the number of those who must be notified, longer time is required for trial.

judge." This notification is personal, as regulated by the first paragraph of

Article 67 of the aforementioned legal body, which establishes: “(Personal

notifications). The interested parties or their legitimate representatives will be

personally notified: 1st. The claim, the counterclaim and the first resolution that

falls on any matter;”.

 Raising prior exceptions, these must be opposed within a period of 6 days from

the time the defendant is summoned, and their resolution will be substantiated

in an incident, of which we will analyze the deadlines later, remembering that

this is subject to appeal.

 After the previous exceptions have been resolved, the period of 3 more days

continues to respond to the claim in the negative or assume any of the other
 attitudes of the defendant, and from this different circumstances may arise that

we will analyze below.

 Once the previous exceptions have been resolved, but even within the period of

9 days after the summons is made, the defendant can answer the claim in the

negative and file peremptory exceptions, but this procedural act does not entail

consequences regarding the counting of the deadlines, this in virtue of the fact

that both the answer to the claim in a negative sense and the opposition of

peremptory exceptions will be resolved in the ruling, and the answer to the

claim is used by the defendant in order to deny the arguments of both fact and

law on which it bases the actor's claims, which is why he uses this preclusive

stage to offer evidence that must subsequently be completed.

 If the defendant does not appear at the trial without any justified cause, and

after the ninth day counted from the summons, the default proceeds, however

for this to operate it is necessary to present a memorial acknowledgment of

default asking that the judge declare the default and that the process continued.

The judge resolves with a decree no later than the day after the memorial is

presented requesting the default, and in this case because it is a decree, and

because it does not have a specific period regulated in the Civil and

Commercial Procedure Code, it will be notified within a maximum period of 2

days following the ruling by the competent court, as regulated by the first

paragraph of Article 142 of the Judicial Branch Law.

 Search: within the ordinary trial, the search has unique characteristics, for

example that if the defendant agrees to the plaintiff's claims and after

ratification by the defendant, the Judge can resolve without further procedure,

by means of an order that puts an end to the process. However, in the ordinary

divorce trial for specific reasons, the search is not applicable, as regulated by

the second paragraph of Article 158 of the Civil Code, which establishes:

“divorce or separation cannot be declared with the simple search of the

defendant.”
 Counterclaim: another attitude of the defendant may be to counterclaim the

plaintiff, raising the counterclaim with all the requirements that are required for

the claim, in this case the counterclaim will be received, and the judge must

give it the same procedure that he gives to a claim, therefore it will issue its first

resolution no later than the day after the counterclaim is presented, and it must

be notified personally within 24 hours after the resolution is issued, this

regulated in Article 67 which establishes: “(Notifications personal). The

interested parties or their legitimate representatives will be personally notified:

1st. The claim, the counterclaim and the first resolution that falls on any

matter;”. In addition, the actor must be summoned for 9 days, and within the

first 6 days, he may raise the previous exceptions.”

 Once the 9 days of the summons have concluded, a memorial must be

presented requesting that approval be opened, the judge must resolve by

means of a decree no later than the day after the request is submitted, the

resolution will be notified within 24 hours of being issued, this by virtue if it is a

personal notification, as regulated by paragraph 5 of Article 67 of the Civil and

Commercial Procedure Code which establishes: “(Personal notifications). The

interested parties or their legitimate representatives will be personally notified:

5th. Resolutions to open, receive or deny evidence;

 In the resolution referred to in the previous paragraph, the Judge opens the trial

for a period of 30 days, this period can be extended to 10 more days, as

established in Article 123 of the Code of Civil and Commercial Procedure:

“(Opening of trial ). If there are controversial facts, the process will be opened to

evidence for a period of thirty days. This term may be extended to ten more

days, when through no fault of the interested party the requested tests could

not be performed in time. The extension request must be made at least three

days before the end of the ordinary term and will be processed as an incident.”

 There is also an extraordinary term of evidence regulated in Article 124 of the

Civil and Commercial Procedure Code which establishes: “(Extraordinary term

 of evidence). When evidence has been offered in the complaint or in the

response that must be received outside the republic and proceed legally, the

judge, at the request of any of the parties, will set a non-extendable term,

sufficient according to the cases and circumstances, which may not exceed of

120 days. The extraordinary term of evidence begins to run along with the

ordinary term.

 At the end of the trial period, the secretary will record it without the need to

issue any resolution, he will simply add the evidence given, informing the judge

that the trial period has concluded.

 Once the Judge is aware that the trial period has concluded, he will ex officio

indicate the day and time for the hearing, within the period established by the

Law of the Judicial Branch, which in the first paragraph of Article 142 regulates

that the hearing will take place within the fifteen days after the processing of the

matter ends, unless different deadlines are established in special laws, in which

case what is stated in those laws will apply.

 The judge can issue an order to better rule, with the purpose of carrying out

certain procedures that help to issue a sentence that is more in line with the law

and more fair. The order to better rule does not allow any appeal, this avoids

any delay that could be caused prior to issuing the sentence in the case. The

procedures described will be carried out within a period that will not exceed 15

days.

 The sentence is issued within 15 days of the hearing, or after the deadline for

the proceedings has expired to better rule. The deadline is regulated in the first

paragraph of Article 142 of the Judicial Branch Law, which regulates the

deadline to resolve the cases. sentences, and establishes that it is within 15

days after the processing of the matter is completed.

 The sentence must be notified personally within 24 hours of being issued, as

established in section 9. of Article 67 of the Civil and Commercial Procedure

Code: “(Personal notifications). The interested parties or their legitimate

 representatives will be personally notified: 9th. The orders and the sentences;

In this regard, it is also regulated in Article 75 of the aforementioned legal body.

“(Term to notify). The notifications must be made to the parties or their

representatives, and those that are personal will be carried out within twenty-

four hours.”

DIVORCE TRIAL IN THE ORDINARY WAY FOR A DETERMINED CAUSE. .

 There is a limitation on who can request a divorce for a specific reason,

regulating that only the spouse who has not given cause for it can request it.

 A deadline is set to file a request for divorce for specific reasons, which is within

6 months of having knowledge of the existence of the grounds.

 The initial document must be accompanied by certain documents such as:

certification of the marriage certificate of the spouses, certifications of the birth

certificates of the living children and certifications of the death certificates of the

deceased children, marriage agreements if they have been celebrated,

relationship of property acquired during the marriage.

 When issuing the first resolution in the divorce for specific reasons, the judge

will process the claim and may dictate some precautionary measures such as:

suspension of life together and provisionally determine which of the spouses

will take care of the children, which one is the alimony that corresponds to the

children; and the woman if that were the case. The Judge can also determine

the way and manner in which parents can relate to children who are not in their

power.

 Among the attitudes that the defendant can take, the search is not sufficient to

declare the divorce, nor is the confession of the suing party sufficient proof of

the cause that motivates it (spontaneous confession), in these cases it is

necessary that the cause or causes invoked are proven with other means of

proof.
 In divorce for specific reasons, as well as in divorce by mutual agreement, the

judge must resolve matters relating to: 1st. To whom are the children born in

the marriage entrusted; 2nd. On behalf of which of the spouses the children

must be fed and educated, and when this obligation weighs on both spouses, in

what proportion will each of them contribute; 3rd. What pension must the

husband pay to the wife if she does not have her own income that is sufficient

to cover her needs; and 4th. Guarantee that is provided for the fulfillment of the

obligations contracted by the spouses under the agreement.

APPLICABLE LAWS

Civil Code, Decree Law 106

The following articles are applicable to the trial to be raised: 78, 92, 101, 102, 103,

108, 116, 117, 118, 124, 153, 154, 159, 161, 163, 164, 166, 167, 170,171, 172,

283 , 371, 422; and 423 since they regulate everything related to marriage and its

dissolution.

Item No. 78: Marriage is a social institution by which a man and a woman are

legally united, with the intention of permanence and with the purpose of living

together, procreating, feeding and educating their children and helping each other.

Item No. 92: The marriage must be authorized by the municipal mayor or the

councilor acting in his place, or by a notary legally qualified to exercise his

profession.

The minister of any religion that has this power, granted by the corresponding

administrative authority, may also authorize it.

Item No. 101: Marriage Certificates. The marriage certificates will be recorded in

a special book that the municipalities must keep.

The notaries will record the marriage in a notarial act that must be notarized, and

the ministers of religion, in books duly authorized by the Ministry of the Interior.

Item No. 102: Copy of the Minutes to the Civil Registry. Within the fifteen

business days following the celebration of the marriage, the mayor who authorized

it must send to the corresponding Civil Registry, a certified copy of the act, and the

notaries and ministers of religions a detailed notice. Failure to comply with this

obligation will be punished, in each case, with a fine of one to five quetzales, which

the local judge will impose in favor of the municipality.

Item No. 103: All days and hours are business days for the celebration of

marriage. The proceedings, certificates, certifications, notices and testimonies

relating to the same will be issued on plain paper.

Item No. 108: Surname of the married woman. By marriage, a woman has the

right to add her spouse's name to her own surname and to always keep it, unless

the marriage is dissolved due to annulment or divorce.

Item No. 116: The economic regime of marriage is regulated by the marriage

agreements granted by the spouses before or during the celebration of the

marriage.

Item No. 117: Marriage agreements are the pacts granted by the spouses to

establish and regulate the economic regime of the marriage.

Item No. 118: Marriage agreements are mandatory in the following cases:

1º When one of the contracting parties has assets whose value reaches two

thousand quetzales; 2nd. If any of the contracting parties exercises a profession, in

a trade, that produces income or emolument that exceeds two hundred quetzales

per month; 3rd. If any of them have in administration property of minors or

incapacitated persons who are under their parental authority, guardianship or

custody; and 4th. If the woman is Guatemalan and the man is a foreigner or

naturalized Guatemalan.

Item No. 124: Through the community of property regime, the husband and wife

retain ownership of the assets they had when they married and those they acquire

during it, by free title or with the value of each other; but they will own the following

assets in half upon dissolution of the marital patrimony:

1st. The fruits of the property of each of the spouses, deducting the costs of

production, repair, conservation and tax and municipal charges of the

respective property:

2nd. Those that are purchased or exchanged with these fruits, even if the

acquisition is made in the name of only one of the spouses; and

3rd. Those acquired by each spouse with their work, employment, profession

or industry.

Item No. 153: Marriage is modified by separation and dissolved by divorce.

Item No. 154: The separation of persons as well as divorce may be declared:

1. By mutual agreement of the spouses and

2. By the will of one of them through a specific cause.

Separation or divorce by mutual agreement of the spouses cannot be requested

until after one year, counted from the date on which the marriage was celebrated.

ARTICLE 155. Causes Common causes for obtaining separation or divorce are:

1st. Infidelity of either spouse;

2nd. Bad treatment at work, continuous quarrels and disputes, serious insults and

offenses to honor and, in general, conduct that makes life together unbearable;
3rd. The attempt by one of the spouses against the life of the other or the children;

4th. Voluntary separation or abandonment of the marital home or unmotivated

absence for more than one year;

5th. The fact that the woman gives birth during the marriage to a child conceived

before the marriage, provided that the husband was not aware of the pregnancy

before the marriage;

6th. The incitement of the husband to prostitute the wife or corrupt the children;

7th. The unfounded refusal of one of the spouses to comply with the other or with

their common children, the duties of assistance and food to which they are legally

obliged;

8th. The dissipation of the domestic estate;

9th. Gambling habits or drunkenness, or the constant and improper use of

narcotics, when they threaten to cause the ruin of the family or constitute a

continuous reason for marital disagreement;

10. The report of a crime or slanderous accusation made by one spouse against

the other;

11. The conviction of one of the spouses, in a final sentence, for a crime against

property or for any other common crime that carries a penalty of more than five

years in prison;

12. Serious, incurable and contagious illness, harmful to the other spouse or

offspring;

13. Absolute or relative impotence for procreation, provided that by its nature it is

incurable and after marriage;

14. The incurable mental illness of one of the spouses that is sufficient to declare

the interdiction; and

15. Likewise, the separation of persons declared in a final judgment is a cause to

obtain a divorce.

Item No. 159: The following are common civil effects of separation and divorce:

1st. The liquidation of marital assets;

2nd. The right to food in favor of the blameless spouse, if applicable; and

3rd. The suspension or loss of parental authority, when the cause for

separation or divorce carries it with it and there is an express request from the

interested party.

Item No. 161: The dissolution of the marital bond is the inherent effect of

divorce, which leaves the spouses free to enter into a new marriage.

Item No. 163: If divorce separation is requested by mutual agreement, the

spouses must present a draft agreement on the following points:

1. To whom the children born in the marriage are entrusted;

2. On whose behalf the children must be fed and educated, and when this

obligation weighs on both spouses, in what proportion will each of them contribute;

3. What pension must the husband pay to the wife if she does not have her own

income that is sufficient to cover her needs;

4. Guarantee provided for the fulfillment of the obligations contracted by the

spouses under the agreement.

Item No. 164: For the effect expressed in the previous article, the judge, under his

responsibility, must qualify the guarantee, and if this, in his opinion, is not sufficient,

he will order its extension, so that what is stipulated satisfactorily ensures the

obligations of the spouses. .

Item No. 166: Parents may agree to whom they entrust their children, but the

judge, for serious and motivated reasons, may decide differently, taking into

account the well-being of the children. The judge may also decide on the custody

and care of minors, based on studies or reports from social workers or

organizations specialized in the protection of minors. In any case, they will ensure

that parents can communicate freely with them.

Item No. 167: Whatever the stipulations of the agreement or the judicial decision,

the father and mother are subject, in any case, to the obligations they have

towards their children and retain the right to interact with them and the obligation to

supervise their education.

Item No. 170: Once the judgment declaring the non-subsistence or nullity of the

marriage, or the separation or divorce, is final, the marital assets will be liquidated

in the terms prescribed by the capitulations, by the law, or by the conventions that

have been celebrated by the parties. spouses.

Item No. 171: A divorced woman does not have the right to use her husband's

surname.

Item No. 172: The effects and consequences of the non-subsistence or nullity of

marriage, as well as those of separation and divorce, will be governed, as regards

individuals, by the laws of the country where they have been decreed.

Item No. 283: Spouses, ascendants, descendants and siblings are reciprocally

obliged to give each other alimony.

When the father, due to his personal and pecuniary circumstances, is not able to

provide food to his children and the mother is not able to do so either, such

obligation corresponds to the paternal grandparents of the food providers, for as

long as the father's inability to provide food lasts. these.

Item No. 371: The certifications of the Civil Registry records prove the marital

status of people.

If the registration has not been made, or does not appear in the book in which it

should be found, or is illegible, or the pages in which it can be assumed that the

record was found are missing, the civil status may be established before a

competent judge, by any other means. legal means of proof, including certifications

of ecclesiastical certificates.

Item No. 422: The registration of the marriage will be made by the civil registrar

immediately upon receiving the certification of the record of its celebration, or the

respective notice.

Item No. 423: Any other registration that is subsequently made in the Registry and

that affects the marital union will be noted on the marriage certificate.

Without prejudice to the marginal annotation, the ruling declaring the nullity or non-

subsistence of the marriage, separation, divorce or reconciliation, will be

transcribed in the corresponding book.

Within the Civil and Commercial Procedure Code

Articles are applicable: 12, 25, 26, 29, 31, 44, 50, 51, 61, 62, 63, 66, 67, 68, 69, 71,

79, 86, 106, 107, 126, 127, 128 , 129, 130, 131, 177, 178; 181, 186, 194, 195 and

433 since they refer to the exercise of the procedural claim, the requirements of a

first writing, essential documents, causes and consequences of the divorce,

proving both its appreciation, its assessment, its practice, declaration of the parties

and also refer to the documentary evidence; They also establish in their articles 96

and 97; regarding the Ordinary Trial and especially regarding divorce.

ARTICLE 12. COMPETITION BY REASON OF DOMICILE . When personal

actions are exercised, the competent judge, in matters of greater value, is the

Court of First Instance of the department in which the defendant has his domicile;

in the minor case, the minor judge of his neighborhood. In proceedings involving

alimony benefits or payment of pensions for this concept, the competent judge will
be the judge of the place where the defendant resides or where the plaintiff has his

domicile, at the latter's choice.

Item No. 24: Competence in matters of voluntary jurisdiction: For the hearing of

matters of voluntary jurisdiction, the judges of First Instance are competent, in

accordance with the provisions of this Code.

Item No. 25: Powers of the judge. Judges will have the obligations and powers

established by this Code, the Constitutive Law of the Judicial Body and the

General Regulations of Courts.

Item No. 26: Agreement between the request and the ruling. The judge must

issue his ruling consistent with the claim and will not be able to resolve ex officio on

exceptions that can only be proposed by the parties.

Item No. 29: Attributions. The secretary will be in charge of issuing certifications,

extracts or authentic copies of the documents and actions pending before the

court, as well as the conservation and formation of the files in strict order. He will

receive the writings and documents presented to him, he will give in the same act,

if requested, receipt of the writing and the copies and will immediately inform the

judge with these writings and the background information if any. It will reject the

writings when the copies required by law are not accompanied.

Item No. 31: Notifiers. The notifiers are responsible for informing the parties of the

Court's resolutions and mandates, as well as carrying out the seizures, demands

and other proceedings ordered.

Item No. 44: Procedural Capacity. People who have the free exercise of their

rights will have the capacity to litigate. People who do not have the free exercise of

their rights will not be able to act in court unless they are represented, assisted or

authorized in accordance with the rules that regulate their capacity. Legal entities

will litigate through their representatives in accordance with the law, their statutes

or the corporate deed. Unions, associations or committees, when they do not have
legal personality, can be sued through their presidents, directors or people who

publicly act on their behalf. The State will act through the Public Ministry.

Item No. 50: Technical assistance. The parties must appear assisted by a

registered attorney. The assistance of a lawyer will not be necessary in cases of

very small amounts and when in the town where the Court has its seat, less than

four skilled lawyers are located.

Item No. 51: Procedural Claim. The person who intends to enforce a right or who

declares that he or she has a right may request it before the judges in the manner

prescribed in this Code. To file a claim or counterclaim, it is necessary to have an

interest in it.

Item No. 61: Initial state. The first application submitted to the courts of justice will

contain the following: 1. Designation of the Judge or court to whom it is addressed;

2nd. Full names and surnames of the applicant or the person representing him, his

age, marital status, nationality, profession or trade, address and indication of the

place to receive notifications; 3rd. List of the facts referred to in the petition; 4th.

Legal basis that supports the request, citing the respective law; 5th. Names,

surnames and residence of the people from whom a right is claimed; If the

residence is ignored, it will be stated; 6th. The request in precise terms; 7th. Place

and date; and 8th. Signatures of the applicant and the registered lawyer who

sponsors him, as well as his seal. If the applicant does not know how or cannot

sign, another person or the lawyer assisting him or her will do so for him or her.

Item No. 62: (Requirements of other applications). Other requests on the same

matter do not need to contain the personal identification and residence data of the

applicant or the other parties, but must be assisted by the directing attorney. If this

changes, such circumstance must be expressly stated; In urgent cases, in the

opinion of the Court, the assistance of another registered lawyer may be accepted.
Item No. 63: (Copies). Of every writing and document that is presented, as many

clearly legible copies must be delivered, on plain paper or photocopy, as the

opposing parties must be notified, at whose disposal they will remain from the

moment they are presented.

For the purposes of this article, those who litigate together and under the same

representation will be considered as a single party.

Item No. 66: (Classes of Notifications). Any resolution must be made known to the

parties in legal form and without this they are not bound nor can their rights be

affected. The other people to whom the resolution refers will also be notified.

Notifications will be made, as the case may be: 1st. Personally; 2nd. By the

benches of the Court; 3rd. By the copy book; and 4th. By the Judicial Bulletin.

Item No. 67: (Personal notifications). The interested parties or their legitimate

representatives will be notified personally: 1º. The claim, the counterclaim and the

first resolution that falls on any matter; 2nd. The resolutions in which the parties are

ordered to know which judge or Court is competent to continue hearing, by virtue of

an agreed inhibition, excuse or recusal; 3rd. Resolutions in which the presence of a

person is required for an act or for the performance of a procedure; 4th. Those that

set a deadline for a person to do, stop doing, deliver, sign or express their

agreement or disagreement with anything; 5th. Resolutions to open, receive or

deny evidence; 6th. The resolutions in which a warning is agreed and those in

which it is made effective; 7th. The marking of day for sight; 8th. The resolutions

that order measures to better provide; 9th. The orders and the sentences; and 10.

Resolutions that grant or deny a resource.

All personal notification will be recorded on the same day it is made and will state

the time and place in which it was made and will be signed by the person notified;

but if the latter refuses to sign it, the notifier will attest to this and the notification will

be valid.
Item No. 68: (Notifications by court, by books and by the Judicial Bulletin). The

other notifications will be made to the litigants through the courtrooms or through

the Court's copy books and will take effect two days after the records are posted in

the courtrooms or the copies are added to the respective files.

In addition, a copy of them will be sent by mail to the address indicated to receive

notifications, without this requirement altering the validity of the notifications made

as indicated in the previous paragraph. The notifier who does not comply with

sending copies by mail will incur the sanctions set forth in article 69 of this Code.

The Supreme Court of Justice, by agreement, will organize the Judicial Bulletin,

providing the form and type of notifications that can be made through said Bulletin.

Item No. 69: (Copy of proceedings). A complete and legible carbon copy of every

resolution will be left, which will be signed and sealed by the secretary, stating the

date on which it is signed and identifying the respective file. These copies will be

collected duly ordered and numbered, taking into account the different types of

matters that are processed. The copies of the precautionary resolutions will be

collected in a confidential manner and under his own responsibility by the

Secretary of the Court. The secretary must comply with the obligations imposed by

this article, within twenty-four hours of the resolution being issued, under penalty of

a fine of five quetzales for the first time he fails to comply; of ten quetzales, for the

second, and dismissal for the third.

The copies of the resolutions will also serve to replace any file that is lost.

Item No. 71: (Form of personal notifications). To make personal notifications, the

notary of the Court or a notary appointed by the judge at the expense of the

applicant and whose appointment will preferably fall on the one proposed by the

interested party, will go to the house indicated by the latter and, failing that, to that

of the interested party. his known residence or place where he usually is, and if he

cannot find it, he will notify him by means of a document that he will deliver to
family members or domestics or to any other person who lives in the house. If they

refuse to receive it, the notifier will post it on the door of the house and will express

at the bottom of the document the date and time of delivery and will put in the file

the reason for having notified in that way.

These notifications may also be made by delivering into the recipient's own hands,

wherever within the jurisdiction of the Court, a copy of the application and its

resolution, or just a copy of it, as indicated in the previous article. When the

notification is made by a notary, the judge will deliver to the notary the original and

copies of the request or memorial and the corresponding resolution, and the notary

must sign in the book to confirm receipt. The notaries will record the notification

following the corresponding ruling or resolution.

The litigants' lawyers may not act as notary notaries in the process in question.

Item No. 79: (Place to receive notifications). Litigants have the obligation to

indicate a house or place that is located within the perimeter of the town where the

Court to which they are addressing resides, to receive the notifications and the

appropriate notifications will be made there, even if they change rooms, as long as

they do not express another place where they must be done in the same perimeter.

In the capital, they must establish such a place within the sector between the first

and twelve avenues and the first and eighteenth streets of zone one, unless a

registered attorney's office is designated for this purpose.

The first requests will not be processed where the place to receive notifications is

not established by the interested party in accordance with the above stipulated.

However, the defendant and the other persons to whom the resolution refers will

be notified the first time at the place indicated by the applicant.

Anyone who does not comply with indicating the place to receive notifications in

the prescribed manner will continue to receive notifications through the Court's

benches, without the need for any warning.

Item No. 86: ( Sealed paper). The judicial files will be formed on sheets of sealed

paper, in accordance with the prescriptions of the law on the matter.

Item No. 106: (Content of the lawsuit). The complaint will clearly and precisely

set out the facts on which it is based, the evidence to be presented, the legal basis

and the request.

Item No. 107: (Essential documents). The actor must accompany his claim with

the documents on which he bases his right. If he does not have them at his

disposal, he will mention them with as much individuality as possible, expressing

what results from them, and will designate the archive, public office or place where

the originals are located.

Item No. 126: (Burden of proof). The parties have the burden of proving their

respective factual propositions.

Whoever claims something must prove the facts constituting his claim; Whoever

contradicts the adversary's claim must prove the extinctive facts or impeding

circumstances of that claim.

Without prejudice to the application of the preceding rules, the judges will assess,

in accordance with the provisions of the following article, omissions or deficiencies

in the production of evidence.

Item No. 127: (Appraisal of the evidence). Judges may reject outright those

means of proof prohibited by law, those that are notoriously dilatory, or those

proposed with the aim of hindering the regular progress of the process. The

resolutions issued in this regard are final; but the non-admission of evidence at the

time of its proposal does not prevent it from being received by the court hearing the

Second Instance if it is protested by the interested party, if appropriate.

Incidents regarding the evidence do not suspend the evidentiary term, but rather

with respect to the diligence that motivates the discussion.

The courts, unless otherwise stated in the law, will assess the merit of the evidence

in accordance with the rules of sound criticism. At the time of rendering the

sentence, they will discard evidence that does not conform to the factual points set

forth in the complaint and its response.

Item No. 128: (Means of proof). They are means of proof: 1st. Declaration of the

parties; 2nd. Statement of witnesses; 3rd. Expert opinion; 4th. judicial recognition;

5th. Documents; 6th. Scientific means of testing; and 7th. Presumptions.

Item No. 129: (Practice of evidence). The evidence will be received with

summons from the opposing party; and without this requirement they will not be

taken into consideration.

For evidentiary proceedings, the day and time in which they must be carried out

will be indicated and the opposing party will be summoned at least two days in

advance.

The evidence will be conducted in a confidential manner when, due to its nature,

the Court deems it appropriate.

The judge will preside over all evidentiary proceedings.

Item No. 130: (Obligation to declare). Every litigant is obliged to testify, under

oath, at any stage of the trial in First Instance and

until the day before the hearing in the Second, when the opponent so requests,

without the course of the process being suspended for this reason.

For the declaration to be valid, it must be made before a competent judge.

The same party cannot be asked for positions on the same facts more than once.

Item No. 131: (Citation). The person who must absolve positions will be

summoned personally, at the latest, two days before the one scheduled for the

procedure, under the warning that if he fails to appear without just cause, he will be

considered confessed at the request of the party. To order the summons, it is

necessary that the escrow containing the statement of positions has been

presented, which will remain confidential at the Court Secretariat.

Except in the case of article 138, the impediment referred to in the previous

paragraph must be alleged before the judge makes the confession declaration.

Item No. 177: (Presentation of documents). The documents that are attached to

the writings or those whose addition is requested as evidence, may be presented

in their original, in a photographic, photostat, or photocopy or through any other

similar procedure. Documents issued by a notary may be presented in a simple

legalized copy, unless the law expressly requires testimony. Photographic and

similar copies that reproduce the document and are clearly legible will be

considered reliable, unless proven otherwise.

If the judge or the opponent requests it, the original document must be shown.

The document that a party presents as evidence will always prove against him.

Item No. 178: (Admissible documents). All types of documents may be

submitted, as well as photographs, photostats, photocopies, x-rays, maps,

diagrams, tracings and other similar documents.

Letters addressed to third parties will not be admitted as a means of proof, except

in matters relating to the marital status of persons, collective execution and in

processes of or against the State, municipalities or autonomous or decentralized

entities.

Item No. 181: (Documents held by third parties). When the parties must use

documents that are in the possession of third parties, they must request the judge

to order them to deliver the original pieces, a photographic, photostat, photocopy or

transcription authorized by a notary, at the expense of the petitioner. .

Third parties may refuse delivery, in cases where they have exclusive rights over

the documents.
In cases of unjustified refusal, third parties will be subject to payment of any

damages that may be incurred by the party interested in providing evidence.

Item No. 186: (Authenticity of documents). Documents authorized by a notary

or by a public official or employee in the exercise of their position produce faith and

are full proof, except for the right of the parties to challenge them for nullity or

falsity.

The other documents referred to in articles 177 and 178, as well as private

documents that are duly signed by the parties, are considered authentic unless

proven otherwise.

The challenge by the adversary must be made within ten days following notification

of the resolution that admits the evidence.

However, private documents will only be effective against third parties from the

date on which they have been recognized before a competent judge or legalized by

a notary.

Item No. 194: (Legal presumptions). Presumptions of law admit evidence to the

contrary, unless expressly prohibited by law. All means of proof are admissible for

this purpose when there is no precept that specifically indicates them.

Item No. 195: (Human presumptions). Human presumption only produces proof

if it is a direct, precise and logically deduced consequence of a proven fact.

The evidence of presumptions must be serious and agree with the others

presented in the process.

Item No. 427: (Precautionary measures). Upon processing the request, the

judge may decree the suspension of life together and will provisionally determine

which of the spouses will take care of the children and what alimony will

correspond to them, as well as that which the husband must provide. to the
woman, if applicable. He may also dictate all the measures he deems appropriate

for the adequate protection of children and women.

Children under ten years of age, without distinction of sex, and daughters of any

age, will be left in the care of the mother during the divorce or separation process;

and the male children, over ten years old, in the care of the father.

However, if in the opinion of the judge there are well-founded reasons, they may be

entrusted to the care of the other spouse or a third person.

The judges will also determine the way and manner in which parents can relate to

children who are not in their possession.

Item No. 426 in its leading part establishes: Divorce or separation by mutual

consent may be requested before the Judge of the marital domicile, provided that

more than one year has passed, counted from the date on which the marriage was

celebrated.

ARTICLE 96. ORDINARY VIA. Disputes that do not have special processing

indicated in this Code will be heard in an ordinary trial.

ARTICLE 97. CONCILIATION. The courts may, ex officio or at the request of a

party, summon the parties to conciliation, at any stage of the process. If the parties

reach an agreement, a record will be drawn up signed by the judge or president of

the Court, where appropriate, by the parties or their representatives duly

empowered to compromise and by the secretary. A resolution will then be issued

declaring the trial over and the minutes will be recorded ex officio in the respective

records.

Within the Family Court Law, Decree 206,

Articles 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 16 and 21. because they regulate

matters concerning the jurisdiction of family courts, their organization and issues

that are submitted to them.

Item No. 1: Jurisdiction. Family Courts are established with exclusive jurisdiction

to hear all matters related to the family.

Item No. 2: Matters and controversies, regardless of the amount, related to food,

paternity and filiation, de facto union, parental authority, guardianship, adoption,

protection of persons, recognition of pregnancy and childbirth correspond to the

jurisdiction of the Family Courts. , divorce and separation, annulment of marriage,

cessation of de facto union.

Item No. 3: The Family Courts are constituted: a) By the Family Courts that hear

matters in the first instance; and b) By the Family Appeals chambers, which hear in

the second instance the resolutions of the Family Courts.

Item No. 4: The appointment of Magistrates of the appeal chambers and family

judges will be made in the manner established by the laws for ordinary jurisdiction.

Item No. 8: In matters subject to the exclusive jurisdiction of the Family Courts, the

oral trial procedure is governed by Chapter II of Title II of Book II of the Civil and

Commercial Procedure Code.

In matters related to the right to food, the Family Courts will also use the procedure

regulated in Chapter IV of Title II of Book II of the Civil and Commercial Procedure

Code.

Item No. 9: Judgments related to recognition of pregnancy and childbirth, paternity

and filiation, separation and divorce, annulment of marriage, declaration and

cessation of the de facto union and family assets, will be subject to the procedures

that correspond to them according to the Code of Civil Procedure and Trade.

Item No. 10: The procedure in all matters subject to the jurisdiction of the Family

Courts must be acted upon and promoted ex officio, except in the cases referred to

in the previous article.

Legal advice at hearings will only be permitted when provided personally by

registered attorneys.

The Social Services of the Social Welfare and Social Assistance institutions can

collaborate with the parties and attend the hearings.

Social workers may be called by the courts to issue opinions as experts in family

relationships.

Item No. 11: The conciliation procedure of the parties provided for in article 203 of

the Civil and Commercial Procedure Code cannot fail to be held in family trials, and

the judges must personally use the means of conviction and persuasion that they

deem appropriate to achieve an agreement. of the parties, all of which must be

recorded in the proceedings.

Item No. 12: Family Courts have discretionary powers. They must ensure that the

weakest party in family relationships is duly protected; and for this purpose, they

will dictate the measures they consider pertinent. Likewise, they are obliged to

investigate the truth in the controversies that arise before them and to order the

evidentiary measures that they deem necessary, including directly questioning the

parties about the disputed facts, and they will assess the effectiveness of the

evidence in accordance with the rules of the healthy criticism.

In accordance with the spirit of this law, when the Judge considers it necessary to

protect the rights of a party, before or during the processing of a process, he may

dictate ex officio or at the request of the party, all kinds of precautionary measures,

which are They will be ordered without further procedure and without the need to

provide a guarantee.

Item No. 13: Family Judges will be present in all proceedings carried out in the

cases they hear. They must promote the procedure with the greatest speed and

economy, avoiding any delay or unnecessary diligence, and they will impose, on
both reluctant persons and junior personnel, the coercive measures and sanctions

to which they are entitled in accordance with the law.

Item No. 14: The Judges will order the social workers assigned to the Court to

carry out the necessary investigations; These will act immediately, diligently and

quickly, and will render their reports with all truthfulness and objectivity, so that the

problems raised can be resolved with full knowledge of the reality of the situations.

Such reports will be confidential; Only the Judge, the parties and their lawyers will

be able to know them. They may not be publicized in any way, nor may

certification or notarial certificate be issued.

Within the Political Constitution of the Republic of Guatemala

Articles 49 and 55 because they regulate matters concerning the family.

 Item No. 49: Marriage . The marriage may be authorized by mayors,

councilors, practicing notaries and ministers of worship authorized by the

corresponding administrative authority.

 Item No. 55: Obligation to provide food. Refusal to provide food in the manner

prescribed by law is punishable.

 JUDICIAL PROCEEDINGS

With the information provided by Mr. Brenda Maricela Mó Rey, a Divorce Trial was

promoted in the Ordinary Way for Determined Grounds, through a memorial

presented in the Pluripersonal Court of First Instance of Family, of the Department

of Alta Verapaz, on date Twenty-four of January of Two Thousand and Thirteen.

Having offered and provided as means of proof, the following:

I. CERTIFICATION OF THE MARRIAGE CERTIFICATE Number twenty-

eight indent two thousand seven, folio sixty-eight of the forty-eight book

of Marriages, of the Civil Registry of the National Registry of Persons of

the Municipality of Cobán, of the Department of Alta Verapaz;

II. CERTIFICATION OF THE BIRTH CERTIFICATE of the girl SUANDY

ABIGAIL YAT MO, number Eighty, folio Four Hundred Forty-Three, of

the Book Three Hundred and Nineteen of Births, issued by the Civil

Registrar, of the National Registry of Persons of the Municipality of

Cobán, of the Department of Alta Verapaz.

III. SIMPLE COPY OF THE PERSONAL IDENTIFICATION DOCUMENT of

Mrs. BRENDA MARICELA MO REY.

On February 8, Two Thousand and Thirteen, a Resolution was received from the

Family Court of First Instance of the Department of Alta Verapaz, dated January

Twenty-Fifth of the year Two Thousand and Thirteen, in which the claim for

Divorce by Cause Determined in the ORDINARY VIA, and the formation of the

respective file is ordered, corresponding to the file number Sixty-Nine dash Two
Thousand Thirteen, in charge of the Fifth Official, in said Resolution the defendant

is summoned, granting him a hearing for a period of Nine Days Likewise, a

Conciliation Meeting is established between the parties to discuss matters related

to the Alimony requested for the minor SUANDY ABIGAIL YAT MO, for the

Eleventh of March of the year Two Thousand and Thirteen, at Eleven Hours.

On March Eleven, Two Thousand and Thirteen, a Conciliation Meeting was

scheduled to be held between the parties, but it could not be held since the

defendant NERY ESTUARDO YAT TENÍ could not be notified at the place

designated to receive notifications.

On the Thirty-First of January of the Two Thousand and Fourteen, a memorial is

presented modifying the address to receive notifications from the defendant NERY

ESTUARDO YAT TENÍ.

On the Twenty-second of May of the year Two Thousand and Fourteen, the

complaint is considered to have been answered in the negative and, at the request

of the party, the defendant is declared in default, since upon being duly notified he

stopped appearing for trial within the term of the summons. .

On October 15, 2014, the hearing was held within the process, a hearing at which

none of the parties appeared to present the corresponding allegations.

On November Seventh of the year Two Thousand and Fourteen, a ruling was

issued in the Ordinary Trial of Divorce for Determined Grounds, which in its

RESOLUTIVE PART, dictates the following: THEREFORE: This Court based on

what has been considered and the laws cited, to the resolve declares:

I) WITH PLACE the divorce suit for specific reasons, filed in the ordinary

way by BRENDA MARICELA MÓ REY against NERY ESTRARDO YAT

TENI, cause attributable to the defendant;

II) The care and custody of the youngest daughter SUANDY ABIGAIL

YAT MÓ continues to be the responsibility of the mother BRENDA

MARICELA MÓ REY, and the father, Mr. NERY ESTUARDO YAT

 TENI, must provide his daughter with alimony of four hundred

quetzales per month (Q.400.00) as of month of February of the year

two thousand fourteen, in the account that will be enabled by the

system implemented in the Judicial Branch;

III) Mr. NERY ESTUARO YAT TENI has the right to interact with his

minor daughter as agreed upon by the procedural parties, ensuring

the best interests of the girl;

IV) No statement is made regarding alimony for Mrs. BRENDA

MARICELA MÓ REY because she did not request it;

V) The woman loses the right to continue using the man's surname;

VI) They are free to remarry if they so decide;

VII) There is no declaration of marital assets to be liquidated because it

has not been proven that they acquired assets during the marriage.
 BIBLIOGRAPHY

Books:

AGUIRRE GODOY, MARIO. Civil Procedural Law. Volume II, Volume 2. Printed

in Guatemala by Centro Editorial Vile. 2009

BRAÑAS, ALFONSO. Civil law manual. Printing workshops at the Faculty of

Legal and Social Sciences, University of San Carlos de Guatemala. 1980.

MONROY CABRA, Marco Gerardo. Family right . Bogotá, Colombia: Ed. Wilches

Legal Bookstores, 1982. 428 Pages.

COUTURE, Eduardo J. Fundamentals of civil procedural law . 1t.; 2nd.

ed.;Buenos Aires, Argentina: Ed. De Palma, 1951. 250 pages

GUILLERMO CABANELLAS DE TORRES. Elementary Legal Dictionary.

Heliasta Publishing House, Mexico. Year 2,006.

National Laws

Civil Code, Decree Law Number 106

Civil and Commercial Procedural Code, Decree Law Number 107.

Political Constitution of the Republic of Guatemala.

Family Court Law , Decree Law 206

Law of the Judicial Branch . Congress of the Republic of Guatemala, Decree 94

number 2-89, 1989.

 SPECIFIC CASE OF DIVORCE CLAIM

BY MUTUAL CONSENT IN THE VOLUNTARY WAY:

CASE No. 3

PROCESS 33-2014. Of. 4th.

At the Popular Law Office of the University Center of the Mariano Gálvez University

of Guatemala, Cobán extension, Department of Alta Verapaz, located on sixth

avenue two inscription thirty-three, zone one of this municipality, the gentlemen,

SELDY GABRIELA MANCILLA VÉLIZ, aged forty, appeared. and seven years

old, single, Guatemalan, Urban Primary Education Teacher, residing in the

Municipality of El Estor, Department of Izabal and Mr. BYRON RODOFO

HERNANDEZ ORELLANA.

Who requires the professional services of Bufete Popular; in order to request legal

advice and assistance, to promote a DEMAND FOR DIVORCE BY MUTUAL

CONSENT IN THE VOLUNTARY WAY, through the prosecution of one of the

university students. In addition; states that the reason why they wish to carry out

the Divorce by Mutual Consent in the Voluntary Way is due to the impossibility of

continuing to live together, so it is their wish that the marital bond that unites them

be declared dissolved, after compliance of the requirements and procedures

established for this purpose.

DOCTRINARY STUDY OF THE TRIAL OF DIVORCE BY MUTUAL CONSENT IN

THE VOLUNTARY WAY.

 MARRIAGE

It is a contract by which a man and a woman establish a union between

themselves, which the law sanctions and which they cannot break at their own will.

But there is no doubt that the foundation of marriage is made up of the spiritual and

physical union of a man and a woman to achieve the supreme goal of procreation

of the species.

Undoubtedly, the marital union is regulated in order to ensure the greatest

permanence and stability of said union, in such a way that the precepts that govern

it are mostly of public order, with application in the field of private law, but due to its

indicated nature They are not susceptible to modification by individual will.

ELEMENTS OF MARRIAGE:

 Subjective Elements: All the people who are involved in the creation of the

relationship are involved, who must necessarily be a man and a woman,

who do not have a legal impediment to carry it out and who have the age

established by law for this purpose.

 Theological Elements: The purposes pursued during the existence of this

bond are found, the main ones being: Encouragement of Permanence,

Living Together, Procreating Children, Feeding, Educating and Helping each

other.

 Formal Elements: These are all the elements that are established in the

law and that must be met to carry out the act.

CHARACTERISTICS OF MARRIAGE:

 The physical union

 The community of life

 family foundation

 Public order institution

 He is heterosexual
  Unit

MARRIAGE CLASSES:

 Religious Marriage: It is authorized by a religious minister, ecclesiastical

priest and has the sacred mentality as its fundamental note.

 Civil Marriage: Celebrated before an optional authority and completing the

formalities that the law establishes for this purpose.

DIVORCE

It is the breakup of the marriage, during the life of the spouses, either by their

common will, or by the will of one who repudiates the other. Consequently it

means the dissolution of the marriage.

The Author PLANIOL-RIPERT: In his definition he makes a difference between

divorce and separation as follows: Divorce is the dissolution during the life of the

spouses of a valid marriage. Separation of bodies is the state of two spouses who

have been exempted by the courts from the obligation to live together; It differs

from divorce only in that the bonds of marriage are weakened without breaking and

eliminating the obligation related to life together. Divorce and separation of bodies

can only be obtained by a court ruling and for the causes determined by law.

Divorce itself is what produces the dissolution of the marital bond, which

necessarily assumes that the spouses are alive and in any case that the marriage

is valid.

For MANUEL OSORIO: The dissolution of the marriage bond, dictated by a

competent Judge, which interrupts cohabitation and puts an end to their life

together.

The issue of divorce, like that of marriage, for the same reasons, has long been

linked to two radically different criteria: the ecclesiastical and the state.
According to the first, only the so-called non-binding or relative divorce (separation

of persons) is acceptable given that for them the marriage is indissoluble, unless

due to the death of one of the spouses or for very special reasons that the church

itself determines.

For the state's criteria, generally speaking, it is advisable and there is no valid

reason against a marriage being dissolved if the purposes of the marriage were not

achieved and given the impossibility of a healthy coexistence, which mainly affects

the children.

ELEMENTS OF DIVORCE:

 Subjective Element: Spouses, a man and a woman. To qualify as a

spouse, it is necessary that you have entered into a marriage with each

other, that it has been duly authorized and that it has not been challenged

for annulment.

 Objective Element: The behavioral acts of the spouses, which give reason

to invoke divorce. The law specifically indicates the causes for requesting

divorce if it is for a specific reason. In the case of divorce by mutual

consent, these will be the acts that make life together impossible for the

spouses.

 Formal elements: This is governed by a series of procedures that need to

be met for the divorce to be declared. If it is by unilateral decision it will be

through an ordinary trial, completing all its stages. If it is the case of a

voluntary divorce, it will be voluntary, the judge will submit for consideration

a draft agreement prescribed in the Civil Code in its art. 163.

CHARACTERISTICS OF DIVORCE:

 Act of mutual agreement: The law provides that when spouses, for

reasons they consider compelling or because life together becomes

unbearable, they may very well request the dissolution of the marital bond.
  Unilateral Act: This occurs when there is a specific cause for the blameless

spouse, invoking it, to request the breakup of the marriage.

 Divorce for specific reasons must be requested within six months following

the day on which the facts on which the claim is based have become known

to you.

 One year of marital life must pass to request divorce by mutual consent.

 Divorce cannot be declared by a search or confession of the guilty spouse,

but rather an entire process must be followed to demonstrate to the judge

the existence of the cause invoked.

 For a divorce to occur, the bond of legally authorized marriage must

necessarily exist and without it having been challenged for annulment.

 Divorce dissolves the marital bond.

EFFECTS OF DIVORCE:

 Liquidation of the marital property that proceeds when the judgment

declaring the divorce is final and to whose effect the marital property will be

liquidated in the terms prescribed in the marriage agreements, by law or by

the conventions that the spouses have entered into. (Art. 159, 170 Civil

Code).

Article 159 of the Civil Code establishes: The following are common civil effects

of separation and divorce:

1st. The liquidation of marital assets;

2nd. The right to food in favor of the blameless spouse, if applicable; and

3rd. The suspension or loss of parental authority, when the cause for separation or

divorce carries it with it and there is an express request from the interested party.

Article 170 of the Civil Code establishes: Liquidation of marital assets. Once

the judgment declaring the non-subsistence or nullity of the marriage, or the

separation or divorce, is final, the marital assets will be liquidated in the terms
prescribed by the capitulations, by the law, or by the conventions that the spouses

have entered into.

 It is the dissolution of the marital bond that leaves the spouses free to

contract a new marriage as established in Art. 161 of the Civil and

Commercial Procedure Code.

 Marriage establishes the legal bond that unites a man and a woman, with

the aim of remaining together throughout their lives and for the purposes of

procreating, educating, feeding their children and helping each other.

 With divorce, that union is dissolved and as a consequence each spouse

regains their single marital status.

 Once a divorce is declared, a woman is prohibited from using the surname

of her former spouse. The woman acquires this right at the time of marriage

to add to her own surname which her husband, by virtue of the dissolution,

loses this right.

Article 162 establishes: (Protection of women and children). From the moment

the request for separation or divorce is submitted, the woman and children will be

under the protection of the authority for the safety of their persons and property,

and urgent measures will be issued as necessary. The children will provisionally

remain in the possession of the spouse determined by the Judge, until a definitive

resolution is made, unless serious causes force them to be entrusted to a

provisional guardian.

Article 169 establishes: ( Pension to women). The guilty woman will enjoy the

alimony referred to in paragraph 3. Of article 163, which will be set by the Judge, if

the spouses do not do so, taking into account the possibilities of the person who

must provide it and the needs of the person who is to receive it.

The woman will enjoy the pension as long as she observes good behavior and

does not contract a new marriage; and the blameless husband will have the same
 right, only when he is unable to engage in work that provides him with a means of

subsistence and does not marry again.

Article 166 establishes: (To whom the children are entrusted). Parents may

agree to whom they entrust their children; but the Judge, for serious and motivated

reasons, may decide differently taking into account the well-being of the children.

The Judge may also decide on the custody and care of minors, based on studies

or reports from social workers or organizations specialized in the protection of

minors. In any case, they will ensure that parents can communicate freely with

them.

Article 167 establishes: (Obligation of separated parents). Whatever the

stipulations of the agreement or the judicial decision, the father and mother remain

subject, in any case, to the obligations they have towards their children and retain

the right to interact with them and the obligation to supervise their education.

Article 171 establishes: (Loss of surname). A divorced woman does not have the

right to use her husband's surname.

Article 161 establishes: The inherent effect of divorce is the dissolution of the

marital bond, which leaves the spouses free to enter into a new marriage.

FORMS OF DIVORCE

Doctrinally Because of its effects Legally

Article 154 of the Civil

Because of its
Code regulates two
shape
Bind or absolute divorce forms of divorce,
which are:

By Mutual Agreement Divorce for specific

No linking or separation reasons

For a specific reason Divorce by mutual

DIVORCE BY MUTUAL AGREEMENT OF THE SPOUSES

CIVIL CODE ART. 154:

Separation or divorce by mutual agreement of the spouses may not be requested

until after one year, counted from the date on which the marriage was celebrated.

For the Author FELICIANA ISABEL COXAJ MEDRANO: It is the dissolution of the

marital bond that consists of both spouses agreeing to separate by mutual

agreement or voluntarily.

Meanwhile, FILEMON GOMEZ MIRANDA establishes: Divorce by mutual consent

is included within the special processes of voluntary jurisdiction and its main

characteristic is that it is not within the law itself, it simply constitutes a guarantee

to avoid future injuries to rights; It includes acts and not disputes or controversies

or restorations of rights that are disturbed. The intervention of the judge is for the

knowledge of certain acts and relationships of non-controversial rights, its purpose

is to solemnize and legalize them, and also to leave authentic records of them.

Separation and divorce processes

Voluntary divorce proceedings

Contrary to what is processed through the ordinary or contentious process of

divorce, the parties also have the power to request a divorce through voluntary

judicial means.

When talking about the voluntary route, we are talking about voluntary judicial

jurisdiction and, traditionally, its knowledge has been attributed to judges, however,
according to Guatemalan legislation, it is also attributed, for certain matters, to

notaries.

Jurisdictional function in non-contentious matters

The jurisdictional function is exercised exclusively as established by the Political

Constitution of the Republic and the Law of the Judicial Branch, by the Supreme

Court of Justice and by the other courts established by law.

Courts also have this function in non-contentious legal situations, since they can

hear all matters of voluntary jurisdiction.

Voluntary judicial divorce procedure

In accordance with what is established in Article 401 of the Civil and Commercial

Procedure Code: “Voluntary jurisdiction includes all acts in which, by provision of

the law or by request of the interested parties, the intervention of the judge is

required, without it being promoted or any issue is promoted between specific

parties.”

Among the matters that are processed in this way are:

 Declaration of incapacity;

 Absence and presumed death;

 Provisions relating to the administration of property of minors, incapable and

absent persons;

 Provisions relating to marriage, in the case of divorce and separation;

 Provisions relating to acts of civil status, recognition of pregnancy or

childbirth, name change, identification of person, entry and rectification of

items, family assets;

 Voluntary auctions;

 Succession process.

Processing of separation or voluntary judicial divorce

Initial memorial
This has the uniqueness of resembling a document of claim, and entails the

request addressed to the judge by both spouses, that separation or divorce be

declared by mutual agreement.

In addition, the grounds for divorce must be established, with regard to the care

and custody of minor children, food, property, etc.

Precautionary measures

Article 427 of the Civil and Commercial Procedure Code indicates: “When

processing the request, the judge may decree the suspension of life together, and

will provisionally determine which of the spouses will take care of the children and

what the pension will be. alimony that corresponds to them, as well as that which

the husband must provide to the wife, if applicable.

He may also dictate all the measures he deems appropriate for the adequate

protection of children and women. Children under ten years of age, without

distinction of sex, and daughters of any age, will be left in the care of the mother

during the divorce or separation process, and male children over ten years of age

will be in the care of the father.

However, if in the opinion of the judge there are well-founded reasons, he may

entrust them to the care of the other spouse or a third person.

“The judges will also determine the way and manner in which parents can relate to

children who are not in their possession.”

conciliatory board

In order to persuade the judge to persuade those presented of the importance of

marriage and to establish a possible reconciliation, taking into consideration the

State's duty to protect the family, the judge will summon the parties to a meeting.

conciliation within the following eight days from the moment in which the request

memorial is presented, therefore, the parties must appear personally, assisted by

their respective lawyers.

If there is no conciliation, the parties will ask the judge to ratify the desire to

separate or divorce.
After the summons for the conciliation meeting, which has a period of eight days

and in which the parties have the obligation to subsequently present before the

judge, the request for approval of the grounds for divorce, or a project, and This

must contain:

 To whom are entrusted the minor or incapable children born during the

marriage;

 On behalf of which of the spouses the children must be fed and educated,

and when this obligation weighs on both spouses, in what proportion will

each of them contribute;

 What pension must the husband pay to the wife if she does not have her

own income that is sufficient to cover her needs;

 Guarantee that is provided for the fulfillment of the obligations that the

spouses contract by the agreement.

The agreement will not harm the children, who, despite the stipulations, will retain

their full rights to be fed and educated in accordance with the law.

It is important to establish that article 432 of the Civil and Commercial Procedure

Code indicates: “Reconciliation. At any stage of the separation or divorce process

and even after the separation ruling, the spouses can reconcile, rendering said

ruling void.

Only for reasons after reconciliation, a new process may be established.

Reconciliation may be recorded by personal appearance before the judge, by

memorial with authentication of signatures or by public deed.”

Approval of the bases of the agreement

The judge has the obligation to issue an order approving the bases of the

agreement, or asking the parties to modify certain points or to clarify the main

issues in relation to the care and custody of the children, alimony, goods, etc.

Sentence and registration

Article 431 of the Civil and Commercial Procedure Code indicates: “Once the

above requirements have been met and the mortgage guarantees have been
registered, if applicable, the judge will issue the ruling within eight days, which will

rule on all points of the agreement and will be appealable.

After six months after the separation judgment has become enforceable, either

spouse may request that it be converted into a divorce, based on the enforceability

of the separation process.

This request will be resolved as a point of law, after hearing the other party for two

days.

In case of opposition, it will be processed in an ordinary trial.” Regarding the

registration and registration, it is done ex officio by the judge who issued the

sentence, in the corresponding registries, both Civil and Property, the object of this

is:

 The separation sentence;

 The reconciliation after it;

 The divorce decree.

DIVORCE TRIAL SCHEME BY MUTUAL CONSENT IN THE VOLUNTARY WAY.

Outline of the procedure in divorce by mutual agreement, based on the Civil and

Commercial Procedure Code

 First request

 First resolution

 Notifications

 conciliatory board

 Approval of the agreement

 Registration of the agreement

 Judgment

 Appeal
  Hearing Notice

 Six days use appeal

 Within fifteen days view

 Judgment within fifteen days

 Sentence: confirm or revoke

 Resources: clarification or expansion.

LEGAL STUDY, ANALYSIS AND SEQUENCE OF THE DIFFERENT STAGES

OF THE DIVORCE TRIAL IN THE ORDINARY WAY FOR A DETERMINED

CAUSE.

PROCESS DEVELOPMENT

DIVORCE BY MUTUAL CONSENT

Mutual Consent: Divorce or separation by mutual consent may be requested

before the judge of the marital domicile, provided that more than one year has

passed, counted from the date on which the marriage was celebrated.

With which the following documents must be accompanied:

 The Certification of the Marriage Certificate,

 Certification of the Birth Certificates of the children, if any,

  The Marriage Agreements, if any, and

 List of assets acquired during the marriage (Art. 426 CPCYM).

CONCILIATORY BOARD

Article 203 of the Civil and Commercial Procedure Code.

If the claim meets all the requirements, the judge sets the day and time for the

conciliation meeting to be held, which must be within eight days following the filing

of the claim; Within this hearing, the parties must each appear with their lawyer.

Already at the hearing, the parties, after ratifying the claim, the judge will urge them

to continue with their married life; if they agree, the definitive dismissal will be

declared.

If the conciliation is partial, the trial will continue regarding the requests not

included in the agreement.

AGREEMENT

If there is no conciliation and the desire to divorce persists, within the same

meeting or later, a project of divorce bases must be presented within which it will

be established: to whom the children will remain, the pension that will be given to

them and the mother, in the event that she either does not have her own income

that is sufficient to cover basic needs or does not expressly renounce it. (Art. 429

CPCYM)

Article 429 of the Civil and Commercial Procedure Code

If there is no conciliation, at the same meeting or later, a draft agreement will be

presented to the judge that includes, where appropriate, the following points:

1st. To whom are the minor or incapable children born in the marriage entrusted;

2nd. On behalf of which of the spouses the children must be fed and educated, and

when this obligation weighs on both spouses, in what proportion will each of them

contribute;
3rd. What pension must the husband pay to the wife, if she does not have her own

income that is sufficient to cover her needs; and

4th. Guarantee that is provided for the fulfillment of the obligations contracted by

the spouses under the agreement.

The agreement will not harm the children, who, despite the stipulations, will retain

their full rights to be fed and educated, in accordance with the law.

WARRANTY

If the parties ratify their decision to divorce, the person who must provide

maintenance must guarantee their provision; the guarantee may be a bond or

mortgage.

APPROVAL OF THE AGREEMENT

Once the guarantee has been presented, the Judge will proceed to evaluate it and

if it meets all the requirements, he will accept it and, at the request of the party, will

approve the agreement presented with the claim or the one that has been

presented after the conciliation meeting.

(Art. 430 CPCYM).

JUDGMENT

Once all the requirements that the law establishes for a divorce have been met, the

Judge must issue a ruling on the matter within eight days, and will rule on all points

of the agreement; This ruling is appealable.

After six months of the separation ruling becoming enforceable, either spouse may

request that it be converted into a divorce, based on the enforceability of the

separation process. This request will be resolved as a point of law after hearing

the other party for two days. In case of opposition, it will be processed in an

ordinary trial.

(Art. 431 CPCYM).

RECONCILIATION

At any stage of the separation or divorce process, and even after the separation

ruling, the spouses can reconcile, rendering said ruling void. Only for reasons
subsequent to reconciliation, a new process may be initiated. Reconciliation may

be recorded by personal appearance before the judge, by memorial with

authentication of signatures or by public deed.

(Art. 432 CPCYM).

REGISTRATION IN THE REGISTER

The divorce decree, separation or reconciliation subsequent to it and the divorce

decree, will be registered ex officio in the Civil Registry and in the Property

Registry, for which the judge will send, within the third day, a certification on

Spanish paper. , of the respective resolution.

(Art. 433 CPCYM)

DIVORCE TRIAL BY MUTUAL CONSENT IN THE VOLUNTARY WAY.

 Act of mutual agreement: The law provides that when spouses, for

reasons they consider compelling or because life together becomes

unbearable, they may very well request the dissolution of the marital bond.

 Unilateral Act: This occurs when there is a specific cause for the blameless

spouse, invoking it, to request the breakup of the marriage.

 Divorce for specific reasons must be requested within six months following

the day on which the facts on which the claim is based have become known

to you.

 One year of marital life must pass to request divorce by mutual consent.

 Divorce cannot be declared by a search or confession of the guilty spouse,

but rather an entire process must be followed to demonstrate to the judge

the existence of the cause invoked.

  For a divorce to occur, the bond of legally authorized marriage must

necessarily exist and without it having been challenged for annulment.

 Divorce dissolves the marital bond.

APPLICABLE LAWS

Civil Code, Decree Law 106

The following articles are applicable to the trial to be raised: 78, 92, 101, 102, 103,

108, 116, 117, 118, 124, 153, 154, 159, 161, 163, 164, 166, 167, 170,171, 172,

283 , 371, 422; and 423 since they regulate everything related to marriage and its

dissolution.

Item No. 78: Marriage is a social institution by which a man and a woman are

legally united, with the intention of permanence and with the purpose of living

together, procreating, feeding and educating their children and helping each other.

Item No. 92: The marriage must be authorized by the municipal mayor or the

councilor acting in his place, or by a notary legally qualified to exercise his

profession. The minister of any religion that has this power, granted by the

corresponding administrative authority, may also authorize it.

Item No. 101: Marriage certificates will be recorded in a special book that

municipalities must keep.

The notaries will record the marriage in a notarial act that must be notarized, and

the ministers of religion, in books duly authorized by the Ministry of the Interior.

Item No. 102: Within the fifteen business days following the celebration of the

marriage, the mayor who authorized it must send to the corresponding Civil

Registry, a certified copy of the act, and the notaries and ministers of religion a

detailed notice.
Failure to comply with this obligation will be punished, in each case, with a fine of

one to five quetzales, which the local judge will impose in favor of the municipality.

Item No. 103: All days and hours are business days for the celebration of

marriage. The proceedings, certificates, certifications, notices and testimonies

relating to the same will be issued on plain paper.

Item No. 108: Surname of the married woman. By marriage, a woman has the

right to add her spouse's name to her own surname and to always keep it, unless

the marriage is dissolved due to annulment or divorce.

Item No. 116: The economic regime of marriage is regulated by the marriage

agreements granted by the spouses before or during the celebration of the

marriage.

Item No. 117: Marriage agreements are the pacts granted by the spouses to

establish and regulate the economic regime of the marriage.

Item No. 118: Marriage agreements are obligatory in the following cases:

1º When one of the contracting parties has assets whose value reaches two

thousand quetzales;

2nd. If any of the contracting parties exercises a profession, in a trade, that

produces income or emolument that exceeds two hundred quetzales per month;

3rd. If any of them have in administration property of minors or incapacitated

persons who are under their parental authority, guardianship or custody; and

4th. If the woman is Guatemalan and the man is a foreigner or naturalized

Guatemalan.

Item No. 124: Through the community of property regime, the husband and wife

retain ownership of the assets they had when they married and those they acquire

during it, by free title or with the value of each other; but they will own the following

assets in half upon dissolution of the marital patrimony:

1st. The fruits of the property of each of the spouses, deducting the costs of

production, repair, conservation and tax and municipal charges of the respective

property:
2nd. Those that are purchased or exchanged with these fruits, even if the

acquisition is made in the name of only one of the spouses; and

3rd. Those acquired by each spouse with their work, employment, profession or

industry.

Item No. 153: Marriage is modified by separation and dissolved by divorce.

Item No. 154: The separation of persons as well as divorce may be declared: 1. By

mutual agreement of the spouses and 2. By the will of one of them through a

specific cause. Separation or divorce by mutual agreement of the spouses cannot

be requested until after one year, counted from the date on which the marriage

was celebrated.

Item No. 159: The following are common civil effects of separation and divorce:

1st. The liquidation of marital assets;

2nd. The right to food in favor of the blameless spouse, if applicable; and

3rd. The suspension or loss of parental authority, when the cause for separation

or divorce carries it with it and there is an express request from the interested

party.

Item No. 161: The inherent effect of divorce is the dissolution of the marital bond,

which leaves the spouses free to enter into a new marriage.

Item No. 163: If divorce separation is requested by mutual agreement, the

spouses must present a draft agreement on the following points: 1. To whom the

children born in the marriage are entrusted; 2. On whose account the children must

be fed and educated, and when this obligation weighs on both spouses, in what

proportion will each of them contribute; 3. What pension must the husband pay to

the wife if she does not have her own income that is sufficient to cover her needs;

4. Guarantee that is provided for the fulfillment of the obligations contracted by the

spouses under the agreement.

Item No. 164: For the effect expressed in the previous article, the judge, under his

responsibility, must qualify the guarantee, and if this, in his opinion, is not sufficient,
he will order its extension, so that what is stipulated satisfactorily ensures the

obligations of the spouses. .

Item No. 166: Parents may agree to whom they entrust their children, but the

judge, for serious and motivated reasons, may decide differently, taking into

account the well-being of the children. The judge may also decide on the custody

and care of minors, based on studies or reports from social workers or

organizations specialized in the protection of minors. In any case, they will ensure

that parents can communicate freely with them.

Item No. 167: Whatever the stipulations of the agreement or the judicial decision,

the father and mother are subject, in any case, to the obligations they have

towards their children and retain the right to interact with them and the obligation to

supervise their education.

Item No. 170: Once the judgment declaring the non-subsistence or nullity of the

marriage, or the separation or divorce, is final, the marital assets will be liquidated

in the terms prescribed by the capitulations, by the law, or by the conventions that

have been celebrated by the parties. spouses.

Item No. 171: A divorced woman does not have the right to use her husband's

surname.

Item No. 172: The effects and consequences of the non-subsistence or nullity of

marriage, as well as those of separation and divorce, will be governed, as regards

individuals, by the laws of the country where they have been decreed.

Item No. 283: Spouses, ascendants, descendants and siblings are reciprocally

obliged to give each other alimony.

When the father, due to his personal and pecuniary circumstances, is not able to

provide food to his children and the mother is not able to do so either, such

obligation corresponds to the paternal grandparents of the food providers, for as

long as the father's inability to provide food lasts. these.

Item No. 371: The certifications of the Civil Registry records prove the marital

status of people.
If the registration has not been made, or does not appear in the book in which it

should be found, or is illegible, or the pages in which it can be assumed that the

record was found are missing, the civil status may be established before a

competent judge, by any other means. legal means of proof, including certifications

of ecclesiastical certificates.

Item No. 422: The registration of the marriage will be made by the civil registrar

immediately upon receiving the certification of the record of its celebration, or the

respective notice.

Item No. 423: Any other registration that is subsequently made in the Registry and

that affects the marital union will be noted on the marriage certificate.

Without prejudice to the marginal annotation, the ruling declaring the nullity or non-

subsistence of the marriage, separation, divorce or reconciliation, will be

transcribed in the corresponding book.

Within the Civil and Commercial Procedure Code

Articles are applicable: 24, 25, 26, 29, 31, 44, 50, 51, 61, 62, 63, 66, 67, 68, 69, 71,

79, 86, 106, 107, 126, 127, 128 , 129, 130, 131, 177, 178; 181, 186, 194, 195 and

427 since they refer to the exercise of the procedural claim, the requirements of a

first writing, essential documents, causes and consequences of the divorce,

proving both its appreciation, its assessment, its practice, declaration of the parties

and also refer to the documentary evidence; They also establish in their articles

401, 403, 404, 405, 426, 428, 429, 430, 431, 433, 572, 573, 574; regarding

voluntary jurisdiction processes and especially regarding divorce.

Item No. 24: Competence in matters of voluntary jurisdiction : For the hearing

of matters of voluntary jurisdiction, the judges of First Instance are competent, in

accordance with the provisions of this Code.

Item No. 25: Powers of the judge. Judges will have the obligations and powers

established by this Code, the Constitutive Law of the Judicial Body and the

General Regulations of Courts.

Item No. 26: Agreement between the request and the ruling. The judge must

issue his ruling consistent with the claim and will not be able to resolve ex officio on

exceptions that can only be proposed by the parties.

Item No. 29: Attributions. The secretary will be in charge of issuing certifications,

extracts or authentic copies of the documents and actions pending before the

court, as well as the conservation and formation of the files in strict order. He will

receive the writings and documents presented to him, he will give in the same act,

if requested, receipt of the writing and the copies and will immediately inform the

judge with these writings and the background information if any. It will reject the

writings when the copies required by law are not accompanied.

Item No. 31: Notifiers. The notifiers are responsible for informing the parties of the

Court's resolutions and mandates, as well as carrying out the seizures, demands

and other proceedings ordered.

Item No. 44: Procedural Capacity. People who have the free exercise of their

rights will have the capacity to litigate. People who do not have the free exercise of

their rights will not be able to act in court unless they are represented, assisted or

authorized in accordance with the rules that regulate their capacity. Legal entities

will litigate through their representatives in accordance with the law, their statutes

or the corporate deed. Unions, associations or committees, when they do not have

legal personality, can be sued through their presidents, directors or people who

publicly act on their behalf. The State will act through the Public Ministry.

Item No. 50: Technical assistance. The parties must appear assisted by a

registered attorney. The assistance of a lawyer will not be necessary in cases of

very small amounts and when in the town where the Court has its seat, less than

four skilled lawyers are located.

Item No. 51: Procedural Claim. The person who intends to enforce a right or who

declares that he or she has a right may request it before the judges in the manner

prescribed in this Code. To file a claim or counterclaim, it is necessary to have an

interest in it.
Item No. 61: Initial state. The first application submitted to the courts of justice will

contain the following: 1. Designation of the Judge or court to whom it is addressed;

2nd. Full names and surnames of the applicant or the person representing him, his

age, marital status, nationality, profession or trade, address and indication of the

place to receive notifications; 3rd. List of the facts referred to in the petition; 4th.

Legal basis that supports the request, citing the respective law; 5th. Names,

surnames and residence of the people from whom a right is claimed; If the

residence is ignored, it will be stated; 6th. The request in precise terms; 7th. Place

and date; and 8th. Signatures of the applicant and the registered lawyer who

sponsors him, as well as his seal. If the applicant does not know how or cannot

sign, another person or the lawyer assisting him or her will do so for him or her.

Item No. 62: ( Requirements of other applications). Other requests on the

same matter do not need to contain the personal identification and residence data

of the applicant or the other parties, but must be assisted by the directing attorney.

If this changes, such circumstance must be expressly stated; In urgent cases, in

the opinion of the Court, the assistance of another registered lawyer may be

accepted.

Item No. 63: (Copies). Of every writing and document that is presented, as many

clearly legible copies must be delivered, on plain paper or photocopy, as the

opposing parties must be notified, at whose disposal they will remain from the

moment they are presented.

For the purposes of this article, those who litigate together and under the same

representation will be considered as a single party.

Item No. 66: (Classes of Notifications). Any resolution must be made known to

the parties in legal form and without this they are not bound nor can their rights be

affected. The other people to whom the resolution refers will also be notified.

Notifications will be made, as the case may be: 1st. Personally; 2nd. By the

benches of the Court; 3rd. By the copy book; and 4th. By the Judicial Bulletin.
Item No. 67: (Personal notifications). The interested parties or their legitimate

representatives will be personally notified:

1st. The claim, the counterclaim and the first resolution that falls on any matter;

2nd. The resolutions in which the parties are ordered to know which judge or Court

is competent to continue hearing, by virtue of an agreed inhibition, excuse or

recusal;

3rd. Resolutions in which the presence of a person is required for an act or for the

performance of a procedure;

4th. Those that set a deadline for a person to do, stop doing, deliver, sign or

express their agreement or disagreement with anything;

5th. Resolutions to open, receive or deny evidence;

6th. The resolutions in which a warning is agreed and those in which it is made

effective;

7th. The marking of day for sight;

8th. The resolutions that order measures to better provide;

9th. The orders and the sentences; and

10. Resolutions that grant or deny a resource.

All personal notification will be recorded on the same day it is made and will state

the time and place in which it was made and will be signed by the person notified;

but if the latter refuses to sign it, the notifier will attest to this and the notification will

be valid.

Item No. 68: (Notifications by court, by books and by the Judicial Bulletin).

The other notifications will be made to the litigants through the courtrooms or

through the Court's copy books and will take effect two days after the records are

posted in the courtrooms or the copies are added to the respective files.

In addition, a copy of them will be sent by mail to the address indicated to receive

notifications, without this requirement altering the validity of the notifications made

as indicated in the previous paragraph. The notifier who does not comply with

sending copies by mail will incur the sanctions set forth in article 69 of this Code.
The Supreme Court of Justice, by agreement, will organize the Judicial Bulletin,

providing the form and type of notifications that can be made through said Bulletin.

Item No. 69: (Copy of proceedings). A complete and legible carbon copy of

every resolution will be left, which will be signed and sealed by the secretary,

stating the date on which it is signed and identifying the respective file. These

copies will be collected duly ordered and numbered, taking into account the

different types of matters that are processed. The copies of the precautionary

resolutions will be collected in a confidential manner and under his own

responsibility by the Secretary of the Court. The secretary must comply with the

obligations imposed by this article, within twenty-four hours of the resolution being

issued, under penalty of a fine of five quetzales for the first time he fails to comply;

of ten quetzales, for the second, and dismissal for the third.

The copies of the resolutions will also serve to replace any file that is lost.

Item No. 71: (Form of personal notifications). To make personal notifications,

the notary of the Court or a notary appointed by the judge at the expense of the

applicant and whose appointment will preferably fall on the one proposed by the

interested party, will go to the house indicated by the latter and, failing that, to that

of the interested party. his known residence or place where he usually is, and if he

cannot find it, he will notify him by means of a document that he will deliver to

family members or domestics or to any other person who lives in the house. If they

refuse to receive it, the notifier will post it on the door of the house and will express

at the bottom of the document the date and time of delivery and will put in the file

the reason for having notified in that way.

These notifications may also be made by delivering into the recipient's own hands,

wherever within the jurisdiction of the Court, a copy of the application and its

resolution, or just a copy of it, as indicated in the previous article. When the

notification is made by a notary, the judge will deliver to the notary the original and

copies of the request or memorial and the corresponding resolution, and the notary
must sign in the book to confirm receipt. The notaries will record the notification

following the corresponding ruling or resolution.

The litigants' lawyers may not act as notary notaries in the process in question.

Item No. 79: (Place to receive notifications). Litigants have the obligation to

indicate a house or place that is located within the perimeter of the town where the

Court to which they are addressing resides, to receive the notifications and the

appropriate notifications will be made there, even if they change rooms, as long as

they do not express another place where they must be done in the same perimeter.

In the capital, they must establish such a place within the sector between the first

and twelve avenues and the first and eighteenth streets of zone one, unless a

registered attorney's office is designated for this purpose.

The first requests will not be processed where the place to receive notifications is

not established by the interested party in accordance with the above stipulated.

However, the defendant and the other persons to whom the resolution refers will

be notified the first time at the place indicated by the applicant. Anyone who does

not comply with indicating the place to receive notifications in the prescribed

manner will continue to receive notifications through the Court's benches, without

the need for any warning.

Item No. 86: (Sealed paper). The judicial files will be formed on sheets of sealed

paper, in accordance with the prescriptions of the law on the matter.

Item No. 106: (Content of the lawsuit). The complaint will clearly and precisely

set out the facts on which it is based, the evidence to be presented, the legal basis

and the request.

Item No. 107: (Essential documents). The actor must accompany his claim with

the documents on which he bases his right. If he does not have them at his

disposal, he will mention them as individually as possible, expressing what results

from them, and will designate the archive, public office or place where the originals

are located.
Item No. 126: (Burden of proof). The parties have the burden of proving their

respective factual propositions.

Whoever claims something must prove the facts constituting his claim; Whoever

contradicts the adversary's claim must prove the extinctive facts or impeding

circumstances of that claim.

Without prejudice to the application of the preceding rules, the judges will assess,

in accordance with the provisions of the following article, omissions or deficiencies

in the production of evidence.

Item No. 127: (Appraisal of the evidence). Judges may reject outright those

means of proof prohibited by law, those that are notoriously dilatory, or those

proposed with the aim of hindering the regular progress of the process. The

resolutions issued in this regard are final; but the non-admission of evidence at the

time of its proposal does not prevent it from being received by the court hearing the

Second Instance if it is protested by the interested party, if appropriate.

Incidents regarding the evidence do not suspend the evidentiary term, but rather

with respect to the diligence that motivates the discussion.

The courts, unless otherwise stated in the law, will assess the merit of the evidence

in accordance with the rules of sound criticism. At the time of rendering the

sentence, they will discard evidence that does not conform to the factual points set

forth in the complaint and its response.

Item No. 128: (Means of proof). They are means of proof: 1st. Declaration of the

parties; 2nd. Statement of witnesses; 3rd. Expert opinion; 4th. judicial recognition;

5th. Documents; 6th. Scientific means of testing; and 7th. Presumptions.

Item No. 129: (Practice of evidence). The evidence will be received with

summons from the opposing party; and without this requirement they will not be

taken into consideration.

For the evidentiary proceedings, the day and time in which they must be carried

out will be indicated and the opposing party will be summoned at least two days in

advance.
The evidence will be conducted in a confidential manner when, due to its nature,

the Court deems it appropriate.

The judge will preside over all evidentiary proceedings.

Item No. 130: (Obligation to declare). Every litigant is obliged to testify, under

oath, at any stage of the trial in First Instance and

until the day before the hearing in the Second, when the opponent so requests,

without the course of the process being suspended for this reason.

For the declaration to be valid, it must be made before a competent judge.

The same party cannot be asked for positions on the same facts more than once.

Item No. 131: (Citation). The person who must absolve positions will be

summoned personally, at the latest, two days before the one scheduled for the

procedure, under the warning that if he fails to appear without just cause, he will be

considered confessed at the request of the party. To order the summons, it is

necessary that the escrow containing the statement of positions has been

presented, which will remain confidential at the Court Secretariat.

Except in the case of article 138, the impediment referred to in the previous

paragraph must be alleged before the judge makes the confession declaration.

Item No. 177: (Presentation of documents). The documents that are attached to

the writings or those whose addition is requested as evidence, may be presented

in their original, in a photographic, photostat, or photocopy or through any other

similar procedure. Documents issued by a notary may be presented in a simple

legalized copy, unless the law expressly requires testimony. Photographic and

similar copies that reproduce the document and are clearly legible will be

considered reliable, unless proven otherwise.

If the judge or the opponent requests it, the original document must be shown.

The document that a party presents as evidence will always prove against him.

Item No. 178: (Admissible documents). All types of documents may be

submitted, as well as photographs, photostats, photocopies, x-rays, maps,

diagrams, tracings and other similar documents.

Letters addressed to third parties will not be admitted as a means of proof, except

in matters relating to the civil status of people, collective execution and in

processes of or against the State, municipalities or autonomous or decentralized

entities.

Item No. 181: (Documents held by third parties). When the parties must use

documents that are in the possession of third parties, they must request the judge

to order them to deliver the original pieces, a photographic, photostat, photocopy or

transcription authorized by a notary, at the expense of the petitioner. .

Third parties may refuse delivery, in cases where they have exclusive rights over

the documents.

In cases of unjustified refusal, third parties will be subject to payment of any

damages that may be incurred by the party interested in providing evidence.

Item No. 186: (Authenticity of documents). Documents authorized by a notary

or by a public official or employee in the exercise of their position produce faith and

are full proof, except for the right of the parties to challenge them for nullity or

falsity.

The other documents referred to in articles 177 and 178, as well as private

documents that are duly signed by the parties, are considered authentic unless

proven otherwise.

The challenge by the adversary must be made within ten days following notification

of the resolution that admits the evidence.

However, private documents will only be effective against third parties from the

date on which they have been recognized before a competent judge or legalized by

a notary.

Item No. 194: (Legal presumptions). Presumptions of law admit evidence to the

contrary, unless expressly prohibited by law. All means of proof are admissible for

this purpose when there is no precept that specifically indicates them.

Item No. 195: (Human presumptions). Human presumption only produces proof

if it is a direct, precise and logically deduced consequence of a proven fact.

The evidence of presumptions must be serious and agree with the others

presented in the process.

Item No. 427: (Precautionary measures). Upon processing the request, the

judge may decree the suspension of life together and will provisionally determine

which of the spouses will take care of the children and what alimony will

correspond to them, as well as that which the husband must provide. to the

woman, if applicable. He may also dictate all the measures he deems appropriate

for the adequate protection of children and women.

Children under ten years of age, without distinction of sex, and daughters of any

age, will be left in the care of the mother during the divorce or separation process;

and the male children, over ten years old, in the care of the father.

However, if in the opinion of the judge there are well-founded reasons, they may be

entrusted to the care of the other spouse or a third person.

The judges will also determine the way and manner in which parents can relate to

children who are not in their possession.

Item No. 401 : Voluntary jurisdiction includes all acts in which, by provision of the

law or by request of the interested parties, the intervention of the Judge is required,

without any question being promoted or promoted between specific parties.

Item No. 403 requests related to voluntary jurisdiction will be made in writing

before the judges of First Instance; and when the hearing of a person is necessary,

they will be notified so that, within the third day, they can be evacuated.

The documents presented and the justifications offered will be received without the

need for a summons.

1. When the promoted application affects public interests.

2. When referring to incapable or absent people.

ARTICLE 404. OPPOSITION If the request is opposed by anyone who has the

right to do so, the matter will be declared contentious, so that the parties can go

where appropriate to deduce their rights. If the request is made by someone who

does not have rights in the matter, the judge will reject it ex officio.
ARTICLE 405. REVOCABLE NATURE OF THE PROVIDENCES The judge may

vary or modify the orders he dictates, without being subject to the terms and forms

established for the contentious jurisdiction.

ARTICLE 426. MUTUAL CONSENT Divorce or separation by mutual consent may

be requested before the judge of the marital domicile, provided that more than one

year has passed, counted from the date on which the marriage was celebrated.

The following documents must be submitted with the application:

1. Certifications of the marriage certificate, the birth certificates of the children born

by both and the death certificates of the children who have died.

2. Marriage agreements, if they have been celebrated.

3. List of assets acquired during the marriage.

ARTICLE 427. PRECAUTIONARY MEASURES Upon processing the request, the

judge may decree the suspension of life together and will provisionally determine

which of the spouses will take care of the children and what alimony will

correspond to them, as well as the amount that must be provided. the husband to

the wife, if applicable.

He may also dictate all the measures he deems appropriate for the adequate

protection of children and women. Children under ten years of age, without

distinction of sex, and daughters of any age, will be left in the care of the mother

during the divorce or separation process; and the male children, over ten years old,

in the care of the father.

However, if in the opinion of the judge there are well-founded reasons, he may

entrust them to the care of the other spouse or a third person. The judges will also

determine the way and manner in which parents can relate to children who are not

in their possession.

ARTICLE 428. CONCILIATION MEETING The judge will summon the parties to a

conciliation meeting, indicating the day and time for it to be held within a period of

eight days. The parties must appear personally, assisted by a different lawyer.
After ratifying the request, the judge will make the appropriate reflections so that

they can continue their marital life. If those agree, the judge will declare the

definitive dismissal.

Only the spouse who is outside the republic may constitute a proxy for this act. In

no case can the spouses appoint the same person as representative to process

these procedures.

ARTICLE 429. AGREEMENT If there is no conciliation, at the same meeting or

later, a draft agreement will be presented to the judge, which includes, where

appropriate, the following points:

1. To whom are the minor or incapable children born in the marriage entrusted.

2. On behalf of which of the spouses the children must be fed and educated, and

when this obligation weighs on both spouses, in what proportion will each of them

contribute.

3. What pension must the commander pay to the woman, if she does not have her

own income that is sufficient to cover her needs.

4. Guarantee provided for the fulfillment of the obligations contracted by the

spouses under the agreement.

The agreement will not harm the children, who, despite the stipulations, will retain

their full rights to be fed and educated, in accordance with the Law.

ARTICLE 430. APPROVAL OF THE AGREEMENT The judge will approve the

agreement if it is in accordance with the law and the proposed guarantees are

sufficient, providing, in such case, that the corresponding deeds be granted, if

appropriate.

ARTICLE 431. JUDGMENT Once the above requirements have been met, and the

mortgage guarantees have been registered, if applicable, the judge will issue the

sentence within eight days, which will resolve all the points of the agreement and

will be appealable.
After six months after the separation judgment has become enforceable, either

spouse may request that it be converted into a divorce, based on the enforceability

of the separation process.

This request will be resolved as a point of law, after hearing the other party for two

days. In case of opposition, it will be processed in an ordinary trial.

ARTICLE 432. RECONCILIATION At any stage of the separation or divorce

process and even after the separation ruling, the spouses can reconcile, rendering

said ruling void.

Only for reasons subsequent to reconciliation, a new process may be initiated.

Reconciliation may be recorded by personal appearance before the judge, by

memorial with authentication of signatures or by public deed.

ARTICLE 433. REGISTRATION IN THE RECORDS The separation decree, the

subsequent reconciliation and the divorce decree, will be registered ex officio in the

Civil Registry and in the Property Registry, for which the judge will send, within the

third day, a paper certification Spanish, of the respective resolution.

Within the Family Court Law, Decree 206,

Articles 1, 2, 3, 4, 8, 9, 10, 11, 12, 13, 14, 16 and 21. because they regulate

matters concerning the jurisdiction of family courts, their organization and issues

that are submitted to them.

Item No. 1: Jurisdiction. Family Courts are established with exclusive jurisdiction

to hear all matters related to the family.

Item No. 2: Matters and controversies, regardless of the amount, related to food,

paternity and filiation, de facto union, parental authority, guardianship, adoption,

protection of persons, recognition of pregnancy and childbirth correspond to the

jurisdiction of the Family Courts. , divorce and separation, annulment of marriage,

cessation of de facto union.

Item No. 3: The Family Courts are constituted: a) By the Family Courts that hear

matters in the first instance; and b) By the Family Appeals chambers, which hear in

the second instance the resolutions of the Family Courts.

Item No. 4: The appointment of Magistrates of the appeal chambers and family

judges will be made in the manner established by the laws for ordinary jurisdiction.

Item No. 8: In matters subject to the exclusive jurisdiction of the Family Courts, the

oral trial procedure is governed by Chapter II of Title II of Book II of the Civil and

Commercial Procedure Code.

In matters related to the right to food, the Family Courts will also use the procedure

regulated in Chapter IV of Title II of Book II of the Civil and Commercial Procedure

Code.

Item No. 9: Judgments related to recognition of pregnancy and childbirth, paternity

and filiation, separation and divorce, annulment of marriage, declaration and

cessation of the de facto union and family assets, will be subject to the procedures

that correspond to them according to the Code of Civil Procedure and Trade.

Item No. 10: The procedure in all matters subject to the jurisdiction of the Family

Courts must be acted upon and promoted ex officio, except in the cases referred to

in the previous article.

Legal advice at hearings will only be permitted when provided personally by

registered attorneys.

The Social Services of the Social Welfare and Social Assistance institutions can

collaborate with the parties and attend the hearings.

Social workers may be called by the courts to issue opinions as experts in family

relationships.

Item No. 11: The conciliation procedure of the parties provided for in article 203 of

the Civil and Commercial Procedure Code cannot fail to be held in family trials, and

the judges must personally use the means of conviction and persuasion that they

deem appropriate to achieve an agreement. of the parties, all of which must be

recorded in the proceedings.

Item No. 12: Family Courts have discretionary powers. They must ensure that the

weakest party in family relationships is duly protected; and for this purpose, they

will dictate the measures they consider pertinent. Likewise, they are obliged to
investigate the truth in the controversies that arise before them and to order the

evidentiary measures that they deem necessary, including directly questioning the

parties about the disputed facts, and they will assess the effectiveness of the

evidence in accordance with the rules of the healthy criticism.

In accordance with the spirit of this law, when the Judge considers it necessary to

protect the rights of a party, before or during the processing of a process, he may

dictate ex officio or at the request of the party, all kinds of precautionary measures,

which are They will be ordered without further procedure and without the need to

provide a guarantee.

Item No. 13: Family Judges will be present in all proceedings carried out in the

cases they hear. They must promote the procedure with the greatest speed and

economy, avoiding any delay or unnecessary diligence, and they will impose, on

both reluctant persons and junior personnel, the coercive measures and sanctions

to which they are entitled in accordance with the law.

Item No. 14: The Judges will order the social workers assigned to the Court to

carry out the necessary investigations; These will act immediately, diligently and

quickly, and will render their reports with all truthfulness and objectivity, so that the

problems raised can be resolved with full knowledge of the reality of the situations.

Such reports will be confidential; Only the Judge, the parties and their lawyers will

be able to know them. They may not be publicized in any way, nor may

certification or notarial certificate be issued.

Item No. 16: Voluntary Jurisdiction. In matters related to the family, which are

listed in article 2. From this Decree and which must be known voluntarily, the

Family Courts will apply the procedures established in Chapters I and II of Title I of

Book IV of the Civil and Commercial Procedure Code, but with the procedural

characteristics prescribed in this Decree, in whatever is applicable. Any opposition

that does not deal with the matters referred to in article 9. It will be resolved within

the same process.

Within the Political Constitution of the Republic of Guatemala

Articles 49 and 55 because they regulate matters concerning the family.

 Item No. 49: Marriage . The marriage may be authorized by mayors,

councilors, practicing notaries and ministers of worship authorized by the

corresponding administrative authority.

 Item No. 55: Obligation to provide food. Refusal to provide food in the manner

prescribed by law is punishable.

JUDICIAL PROCEEDINGS

With the information provided by Messrs. Seldy Gabriela Mancilla Veliz and Mr.

Byron Rodolfo Hernández Orellana, a Demand for Divorce by Mutual Consent in

the Voluntary Way was promoted, through a memorial presented before the

Pluripersonal First Instance Family Court of the Department of Alta Verapaz, dated

January 8, two thousand fourteen, having offered and provided as means of proof,

the following:

I. MARRIAGE CERTIFICATION, identified under item number five

thousand one hundred and fifty-three, issued by the Civil Registrar of the

National Registry of Persons of the Municipality of Cobán, Department of

Alta Verapaz.

II. SIMPLE PHOTOCOPY OF THE PERSONAL IDENTIFICATION

DOCUMENT , with a Unique Identification Code is one thousand six

hundred and forty-four – twenty-three thousand two hundred and

seventy-three – one thousand six hundred and one, issued by the

National Registry of Persons, which belongs to Mrs. Seldy Gabriela

Mancilla Suitcase.

III. SIMPLE PHOTOCOPY OF THE PERSONAL IDENTIFICATION

DOCUMENT with Unique Identification Code two thousand two hundred

ninety-five – thirty-six thousand eight hundred forty – one thousand nine

hundred one, issued by the National Registry of Persons, which belongs

to Mr. Byron Rodolfo Hernández Orellana.

On January 8, two thousand and fourteen, the Resolution of the Pluripersonal First

Instance Family Court of the Department of Alta Verapaz, dated January 8, two

thousand and fourteen, was notified, assigning the File number: Sixteen Thousand

Seven dash Two thousand Fourteen script Thirty-Three, Fourth Official and in

which it was decided to admit for processing the Petition for Divorce by Mutual

Consent in the Ordinary Way, promoted by SELDY GABRIELA MANCILLA VÉLIZ

AND BYRON RODOLFO HERNANDEZ ORELLANA .

On January 8, two thousand and fourteen, the Resolution of the Pluripersonal First

Instance Family Court of the Department of Alta Verapaz was notified, dated

January 8, two thousand and fourteen, in which a hearing was scheduled for

FEBRUARY TWENTY-ONE OF THE TWO THOUSAND FOURTEEN AT NINE

HOURS for the purpose of holding a CONCILIATION MEETING , within the

process of Divorce by Mutual Consent in the Ordinary Way, promoted by SELDY

GABRIELA MANCILLA VÉLIZ AND BYRON RODOLFO HERNANDEZ

ORELLANA .

On February twenty-first, two thousand and fourteen, a CONCILIATION MEETING

was held before the Pluripersonal Court of First Instance of the Family of the

Department of Alta Verapaz, in which the undersigned Judge sought to reconcile

the parties by proposing fair conciliation formulas so that they could remake their

marital coexistence, however they refused to do so.

On March 5, two thousand fourteen, the Judgment of the Pluripersonal First

Instance Family Court of the Department of Alta Verapaz, dated March 5, two

thousand fourteen, was notified, in which it was resolved as follows: DECLARE:

I) THE request for Divorce by Mutual Consent is PLACED;

II) DISSOLVED THE MARRIAGE BOND BETWEEN SELDY GABRIELA

MANCILLA VÉLIZ AND BYRON RODOLFO HERNANDEZ

ORELLANA;

III) SELDY GABRIELA MANCILLA VELIZ loses the right to continue

using the man's surname from now on;

 IV) No declaration was made regarding assets or real estate because

they were not contributed or acquired during marital life;

V) They did not procreate any children;

VI) Alimony is not established for the spouse because she has

expressly waived her right;

VII) No declaration is made regarding alimony because children were

not born during the marriage.

BIBLIOGRAPHY

Books:

AGUIRRE GODOY, MARIO. Civil Procedural Law. Volume II, Volume 2. Printed

in Guatemala by Centro Editorial Vile. 2009

BRAÑAS, ALFONSO. Civil law manual. Printing workshops at the Faculty of

Legal and Social Sciences, University of San Carlos de Guatemala. 1980.

MONROY CABRA, Marco Gerardo. Family right . Bogotá, Colombia: Ed. Wilches

Legal Bookstores, 1982. 428 Pages.

COUTURE, Eduardo J. Fundamentals of civil procedural law . 1t.; 2nd.

ed.;Buenos Aires, Argentina: Ed. De Palma, 1951. 250 pages

GUILLERMO CABANELLAS DE TORRES. Elementary Legal Dictionary.

Heliasta Publishing House, Mexico. Year 2,006.

National Laws

Civil Code, Decree Law Number 106

Civil and Commercial Procedural Code, Decree Law Number 107.

Political Constitution of the Republic of Guatemala.

Family Court Law , Decree Law 206

Law of the Judicial Branch . Congress of the Republic of Guatemala, Decree 94

number 2-89, 1989.