 |
| Dominican lawyers |
The first thing we must say is that the incompatibility of characters must be proven, SCJ, 1st Cám., January 24, 2007. The judges must specify the facts and circumstances that configure the incompatibility of characters, SCJ, 1st Cám. , April 9, 2008. In matters of divorce for the specific cause of incompatibility of character, the judges of the merits can form their conviction both through testimonial evidence and through other evidence, such as the statements of the parties, the documents provided to the investigation of the case and the facts and circumstances of the process, and even the fact that one of them has sued the other for that reason may constitute proof of incompatibility, SCJ, 1st Chamber, 7 de March 2012.
Character incompatibility does not necessarily have to be proven by witnesses. The judges of the merits can form their conviction based on other elements of evidence, such as the statements of the parties, the documents provided to the investigation of the case and the facts and circumstances of the process, SCJ, 1st Cám., November 19 from 2008.
In a divorce claim for incompatibility of character, the judges can form their conviction on the basis of the declarations of the plaintiffs that between the spouses there have been circumstances that, together with their separation, demonstrate the state of unhappiness in which they have lived. in their marriage, which constitutes both a cause of social disturbance and sufficient justification to admit the dissolution of the marriage bond, SCJ, 1st Chamber, February 15, 2012.
Also in this same sense, it has been affirmed that in a divorce application for incompatibility of character, the judges can form their conviction on the basis of the declarations of the principal party about the abuses suffered during their marital union, their affirmation that they want divorce and the fact that his statements were not refuted by his spouse, a circumstance that implies a state of anguish and permanent disgust that justifies the admission of the divorce, SCJ, 1st Chamber, February 22, 2012.
In a divorce claim for incompatibility of character, the judges can form their conviction on the basis of the lack of communication and understanding between the spouses, facts proven by the statements of the parties and the witnesses, as well as by the separation of the spouses for four years, SCJ, 1st Chamber, February 22, 2012. The constant disagreement of the spouses, the lack of love and lack of consideration between them and the separation in which they live are facts from which incompatibility is inferred , SCJ, 1st Chamber, December 10, 2003.
The fact that the spouses have lived apart from each other for thirty-four years is strong evidence that the incompatibility of characters is characterized. It is irrelevant that the husband took advantage of his own fault (adultery) so that his divorce petition was admitted and later confirmed for the determined cause of incompatibility of characters, since the court has justified its decision pertinently and sufficiently, SCJ, 1 .a Room, March 7, 2012.
It has also stated that the fact that the plaintiff publicly maintains an extramarital relationship, to the extent of moving in with his concubine, and the fact that the couple has previously divorced twice, demonstrate the existence of serious disagreements that generate a state of unhappiness between spouses, SCJ, 1st Chamber, November 19, 2008.
It has also stated that the fact that the plaintiff publicly maintains an extramarital relationship, to the extent of moving in with his concubine, and the fact that the couple has previously divorced twice, demonstrate the existence of serious disagreements that generate a state of unhappiness between spouses, SCJ, 1st Chamber, November 19, 2008.
The reasoning of the divorce decree for incompatibility of characters is insufficient, which is limited to indicating ``that the statements of the parties and the witness clearly show that there is incompatibility between the spouses``, SCJ, 1.a Cám. , April 9, 2008. Finally, the fact that the spouses have procreated two children during the divorce instance suggests that there are no differences or lack of love between them that could configure the incompatibility of characters, SCJ, 1. Sala, 16 de May 2012.
