Divorce in Honduras: grounds and procedure

There are two routes: divorce by mutual consent, when both agree, and contested divorce, which requires proving one of the eight grounds listed in Article 238 of the Código de Familia.

The 8 grounds for divorce

1. 1)Infidelity by either spouse.
2. 2)Physical, psychological, sexual, patrimonial and/or economic mistreatment by one spouse against the other or against the children, making life together unbearable.
3. 3)An attempt by one spouse on the life of the other or of the children.
4. 4)Manifest and unjustified abandonment by one spouse for more than two years without communication with the other.
5. 5)Any conduct by one spouse tending to corrupt or pervert the other or the descendants.
6. 6)The use of drugs and narcotics, prohibited gambling, or harmful consumption of alcohol, where these threaten to ruin the family or constitute grounds for marital discord.
7. 7)Unjustified refusal by one spouse to fulfil towards the other or towards the common children the duties of support, education and maintenance to which they are legally bound.
8. 8)De facto separation of the spouses for two consecutive years.

Source: Article 238 of the Código de Familia, as amended by Decreto 35-2013, published in La Gaceta No. 33,222 of 6 September 2013.

Who may petition

Not simply either of the two. Under Article 239, the divorce action may only be brought by the innocent spouse — with one important exception: in the case of ground 8 (de facto separation for two consecutive years) either spouse may bring it.

That exception is the practical route for many couples separated for years without agreement: no fault has to be proved, only the two years of separation.

Reconciliation closes the door

Article 241 is categorical: divorce cannot be granted if between the spouses there has been reconciliation or marital life, whether after the facts that could have justified it or after the petition. Living together again, even after filing, extinguishes the ground.

Divorce by mutual consent

This is the route when both agree. Article 243 sets two requirements: that two years have passed since the marriage was celebrated and that both spouses are of full age.

Under Article 244, the application is submitted in person and in writing to the competent Judge of the domicile, accompanied by:

• Civil Registry certificates proving age and married status.
• Certified birth records of any minor children.
• The proposed convenio regulador (settlement agreement).

What happens at the hearing

Article 245 provides that on the same date of filing the judge summons the spouses to a hearing held immediately. If there are minor or incapacitated children, Article 246 requires the judge to call a further hearing.

Once those steps are complete, Article 247 provides that the judge issue judgment declaring the marriage dissolved at the same hearing or within five days. And if the judgment does not approve, in whole or in part, the proposed settlement agreement, Article 248 gives the spouses the opportunity to correct it.