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High Court Annuls 3-Year Wait to Divorce

November 7, 2008

A Costa Rican court has struck down the contentious three-year minimum rule for married couples before they can file for divorce.

The Constitutional Chamber of the Supreme Court (Sala IV) ruled unanimously last week that the clause is unconstitutional “for violating the principle of a person’s autonomy,” according to a court press release.

Sala IV erased the part of Article 48 of the Family Code that says “you must not request (divorce) except after three years of marriage,” the press release said.

Ruling on the case brought by Mariano Castillo, the court also struck down Article 60, which bound couples for two years before they could legally seek separation.

 

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