CITIZEN:

ORDINARY DISTRIBUTOR JUDGE AND EXECUTOR OF MEASURES OF THE

JUDICIAL CIRCUMSCRIPTION OF THE MIRANDA MUNICIPALITY OF THE
STATE OF FALCÓN.

HIS OFFICE.-

I, Ramón Antonio Acosta Marte, practicing lawyer, of this address, duly registered
in the Inpreabogado under No. 6,331 and holder of Identity Card No. 9,506,238,
acting in the name and representation of
Citizen________________________________, teacher, domiciled in the City of
Santa Ana de Coro, Falcón state, of legal age, skilled in law, married, and holder of
Identity Card No. ----------------, character that is evidenced by the Special Power
duly granted, before the First Notary of the Judicial District of Santa Ana de Coro,
Falcón state of the Bolivarian Republic of Venezuela on date -------------, are noted,
under the -----------------, which I accompany in original to this writing identified with
the letter “ A”, with procedural address on Nueva Street between Sucre Street and
Milagro Street, house No. 16, San Antonio Parish, Miranda Municipality, Falcón
State, Mobile 041242 82738, Email: ramonacosta 78@gmail.com , for the
purposes of complying with the provisions of Ordinal 6 of article 340 of the
Venezuelan Civil Code; With due respect, I appear before your competent authority
in order to present and request Divorce due to “Marital Disaffection (loss of
Marital affection) towards your spouse, in the following terms:

CHAPTER I-

Of the Facts (quaestio facti)

First : About Marriage, - My previously identified principal contracted a civil

marriage with the Citizen……………………………….. Venezuelan, Domiciled,
in………………………., of legal age, skilled in law, and holder of personal Identity
Card No. …………………, before the Civil Prefecture of the Guzmán Guillermo
Parish of the Miranda Municipality of the Falcón State, on date…………..,
according to Minutes No..,,,,,,.., Folio N °. …, Inserted in the Marriage Book
corresponding to the year………

Second : Of the Marital Domicile, - Once the Marriage was celebrated, they
established and maintain as the last Marital Domicile in the City of Santa Ana de
Coro, on …… street, Urb. La Velita II.

Third : Of the Children, - In the union they procreated Four (4) Children, today of
legal age, with names………………………….and 23,25,28 and 40 years old
respectively, according to the Birth Certificates that I support this request.
Fourth : Regarding the Property Regime of the Conjugal Community, - Regarding
the dissolution and liquidation of the Marital Partnership, there are assets to be
liquidated, which will be done once the divorce is decreed.

Fifth : About the Reasons, - Now, Citizen Judge, the reason for this divorce is
based on the fact that from the day…………………………………………., until the
present date, my power of attorney has a total and absolute lack of Affectio
Maritales or Lack of Love towards his Spouse,……………………………..,
previously identified, that is, the love and affection he professed for him is over,
which makes it impossible Common Life.

CHAPTER II-

Of the Pertinent Conclusions (Ord. 5th Art. 340 CPC)

Respected Judge, the Present Claim for Divorce due to “ Marital Disaffection”
(loss of marital affection) towards your Spouse is admissible for the following
reasons:

1. I have attached a Certified copy of the Marriage Certificate, which shows

that they actually celebrated the Civil Marriage, after completing the
corresponding formalities.
2. The Court is competent for the territory, since the last marital domicile is the
City of Santa Ana de Coro of the State of Falcón – absolute.
3. My principal has unequivocally stated his total and absolute lack of Affectio
Maritales, or Heartbreak, towards his Spouse,………………….., previously
identified, for having ended the love and affection he professed for him. And
since it is a situation of Less Law, no proof of this cause for divorce is
necessary. For which, we have based ourselves on the binding
interpretation of the Constitutional Chamber of the Supreme Court of Justice
in Sentence No. 1,070 dated December 9, 2016, in accordance with the
Sentences of the Constitutional Chamber of the Supreme Court of Justice
Nos. 446 and 693 of May 15, 2014 and June 2, 2015, where articles 185
and 185-A of the Civil Code of Venezuela were interpreted. Whose intention
is that the Civil Marriage celebrated before the Civil Prefecture of the
Guzmán Guillermo Parish, Miranda Municipality, Falcón State, be dissolved,
on date………………………., according to Minutes No.-------- , Folio
No.--------, inserted in the Marriage Book corresponding to the year………
CHAPTER -III-
Of Law (quaestio iuris)

We base this Divorce “ Marital Disaffection ” (loss of marital affection), based on

what is established in the binding interpretation of the Constitutional Chamber of
the Supreme Court of Justice, contained in Sentence No. No. 1,070 dated
December 9, 2016, in accordance with the Sentences of the Constitutional
Chamber of the Supreme Court of Justice, Nos. and 693, of May 15, 2014 and
June 2, 2015, which interprets article 185 of the Venezuelan Civil Code and
establishes with binding character that:

“In this same sense, through Sentence No. 1,070, dated December 9, 2016, the
Constitutional Chamber of the Supreme Court of Justice, with a presentation by
Judge Juan José Mendoza Jover, established the following binding Constitutional
interpretative criterion:

“Therefore, marriage stands as the will of the parties, born of affection, to achieve
the goals of life as a couple and during its life span constitute the fundamental pillar
of organized society: The Family. Thus, in our society the marriage contract is born
through a pre-existing emotional bond of free consent between two people
between two people of a different sex, through which a series of rights and duties
are generated in order to lead a life. in community. Within this order of ideas, the
Roman Institution of the Affectio maritalis dealt with the will to be a husband and to
be a wife, becoming the fundamental support of marriage, which is why its
breakdown led to divorce.

Things being this way, affection, coming from the Latin affectus, refers to a feeling,
which is the result of emotions, towards someone or something, especially love or
affection, so we can conclude that affection or affection is the main source of
marriage and its permanence.

It should be added, as in the Institution of the marital effect, said affection that
causes the union of a couple in marriage must be permanent, because it is the
direct source of the creation of the marriage contract and the de facto existence of
the bond. marital depends on such affection.

In this sense, at the moment in which affection and affection perishes, the birth of
disaffection occurs, which is defined by the Royal Spanish Academy as the lack of
esteem for something or someone to whom deviation or indifference is shown.
Said disaffection consists of the gradual loss of sentimental attachment, resulting in
a decrease in interest in the other, which leads to a growing feeling of apathy,
indifference and emotional distance, which over time leads to the positive feelings
that existed towards he or the spouse changes to negative or neutral feelings……..
omissis ……..

It is evident then that when the phenomenon of disaffection or incompatibility

between spouses appears, the marital bond is, in fact, fractured and ended, since
the affectionate feeling that originated said union no longer exists, but, however,
this does not imply that, from a legal point of view, the marital union has been
broken.
Therefore, and because the link that originated the marriage contract is, in fact,
broken, it should not continue to have effects in the legal world, which is why the
spouse who alleges or demonstrates that the disaffection or incompatibility of
characters in their divorce request, since this Chamber, being in clear harmony
with respect for the Constitutional rights related to freedom and the free
development of personality, developed in Sentence 693/2015, established the
possibility of the legal breakdown of the marriage bond may be generated by
causes not provided for in the Homeland legislation, that is, the disaffection and
incompatibility of characters, creating dysfunctions in marriage and family, this
being the fundamental basis for the development of society, can be alleged in
order to obtain a ruling that dissolves the legal bond that unites the spouses, in
order to achieve the effective development of the principles, values and
Constitutional rights that govern the matter, as well as family protection and rights.
children, if applicable, avid during that marriage union in which the disaffection or
indicated incompatibility occurred. …….Omissis….

Consequently, this Chamber considers that the manifestation of incompatibility or

disaffection towards the other spouse brings with it the possibility of divorce in the
claims presented in accordance with the provisions of articles 185 and 185-A,
which according to the binding criteria of this Chamber does not requires a
contradictory, since the deep desire not to remain united in marriage on the part of
the plaintiff spouse is alleged and demonstrated, as a manifestation of an intrinsic
feeling of the person, which differs from Contentious divorce demands ” (Negrilla
de la Sala ).

From the above, it can be concluded that the Institution of marriage focuses on the
Marital Affectio , referring to the will to be a husband or a wife, which leads to a
positive feeling born from the emotions of love and mutual respect of a person
towards another of a different sex, and vice versa, where consent is deprived,
which leads to the free development of the personality, a feeling which must build
the main source and pillar of said Legal Institution, and therefore the sine quanon
requirement for its permanence in time.

Although our legislator initially established substantive and adjective norms aimed
at protecting the Legal Institution of marriage, the Constitutional Chamber of the
Supreme Court of the Republic, in its progressive and pedagogical activity, has
indicated that consent is an essential requirement not only for to get married, but
also for it to last over time. For this reason, it has rightly allowed the invocation of
other grounds to request the dissolution of the marital bond, since a certain person
has the right to acquire a different marital status and/or decide to form a new
family.

Thus, then, being Affectio marital , that is, the positive feeling of love of a person
towards another of a different sex, and the main foundation on which the marital
union is constituted, it may happen that in the course of time and/or living together
as a couple, one of them or both gradually transforms those feelings inside, in
which case, it can lead to the spouses facing prolonged conflictive situations,
where mutual respect and other marital duties can be affected, as such point of
being frequently or indefinitely non-compliant.

Due to this, the Constitutional Chamber of the Supreme Court of Justice, praising
the dynamism of the law, which must go hand in hand with the evolution of society,
has introduced into the Venezuelan positive Legal System the modality of divorce
under the cause of disaffection, in which case - as established in the Ut Supra
decision - its processing does not require a contradictory procedure, since in this
case the spouse alleges and demonstrates the deep desire not to remain united in
marriage as a manifestation of an intrinsic feeling of the person. , which differs from
contentious divorce claims.

By virtue of the above, the formalities that must be fulfilled in this type of divorce
are the summons of the other spouse, and that of the prosecutor of the Public
Ministry, all in line with decision No. 1070, dated December 9, 2016, issued by the
Constitutional Chamber of the Supreme Court of Justice, which stated: “……things
being this way, the Court……….Omissis……, upon observing the incompatibility of
characteristics indicated by the applicant should have decreed the divorce
following the procedure provided for in the fourth and fifth part of article 185-A of
the Civil Code……”.

Thus, the fourth section of the aforementioned substantive rule reads: “The other
spouse must appear personally before the Judge at the third hearing after being
summoned. If he recognizes the fact and if the Prosecutor of the Public Ministry
does not oppose within the next ten hearings, the Judge will declare the divorce in
the twelfth hearing following the appearance of the interested parties.

That is why, once these formalities of the Law have been complied with, and the
marital bond has been established based on the Cause of disaffection or
incompatibility of characters, the Judge without further delay, that is, without
opening any Probation Period, must decree the divorce. , because the expression
of will made by the requesting spouse cannot have the Subjective Assessment of
the Judge……”.

CHAPTER -IV-

From the Deduced Claim (petitum )

For all the factual and legal considerations previously stated, based on the
provisions of article 185 of the Civil Code, accepting the binding criteria of the
Constitutional Chamber of the Supreme Court of Justice cited in the legal
foundations, I submit to its competent authority , as attorney-in-fact of the spouse,
_____________________________ identified above to request by means of Final
Judgment that the following be declared by this Court:

First: The present request for Divorce “ Marital Disaffection ” (loss of marital
affection) is accepted, based on the Binding Criterion of the Constitutional
Chamber of the Supreme Court of Justice in a Sentence Cited in the legal
foundations.

Second : And, as a result of the previous point, the Marital Bond, which united my
power of attorney, previously identified with the
Citizen_________________________________, domiciled in the city of Santa Ana
de Coro, Falcón state, Venezuelan, of legal age, skilled in law, is dissolved. and
holder of the Personal Identity Card No.______________, married before the Civil
Prefecture of the Guzmán Guillermo Parish of the Miranda Municipality of the State
of Falcón, on date_______________, according to Record No.______, Insert in the
Marriage book corresponding to the year________.

CHAPTER -V-

Fundamental and Evidence Documents

We attach to this Libel:

1. Original Power of Attorney that certifies my representation, distinguished

with the letter “A”.
2. The Marriage Certificate No.____, distinguished with the letter “B”.
3. Birth Certificates of Children (Adults), in a certified copy, distinguished with
the letters “C”; “D” and “E”.

CHAPTER -VI-
From the Personal Summons and Notifications to the Public Ministry.

I very respectfully request that the Citizen Judge, upon admitting this divorce
application, order in the respective admission order: 1.- The personal summons of
the Citizen_______________________________, on ______ street of the
____________________ Urbanization, house No.____, San Antonio Parish of the
Miranda Municipality of the State of Falcón-Venezuela, and 2.- Likewise,
notification is ordered to the Citizen Prosecutor of the Public Ministry of the present
divorce request due to “ Marital Disaffection” (loss of marital affection).

CHAPTER -VII-
From Admission

For all of the above, we request the Admission of this request for divorce due to
“Marital Disaffection ” (loss of marital affection), be Admitted, substantiated in
accordance with the law and declared with Place in the final with all the legal
pronouncements. It is justice that we expect in the City of Santa Ana de Coro,
Miranda Municipality, Falcón State, on the date of its presentation.