La falta de legislación sobre el divorcio unilateral en Colombia vulnera el principio fundamental del libre desarrollo de la personalidad

Abstract

This essay is carried out on the basis of the Unilateral Divorce, based on the constitutional principle of the free development of the personality and the civil legislation of the freedom of autonomy of the private will. This study has basically taken into account different Judgments of the Constitutional Court in which this issue is considered and the lawsuit filed by Juliana María Moreno, who argued that preventing the unfaithful to seek a divorce, if it so desires, violates their right to free Development of the personality, because the State can not force anyone to maintain a coexistence that no longer wants.. In the same way was taken into account the figure established in countries like Holland, Belgium, Portugal, Mexico, among others and also considered to cite to personages knowledgeable of the subject and an academic entity as it is the University Santo Tomás, that provide their criticism based on the lack of legislation on the unilateral divorce. On the other hand, reference is made to the nine grounds of divorce that currently exist according to the Colombian Civil Code and the change of thought in relation to the protection of the family, since the Unilateral Divorce seeks only to seek solutions for the current society, Simplifying the legal procedures and minimizing the conflict that any contentious process entails.