Latin Legal Terms

Divortio

Divortio (or “divortium”) – this Latin noun details the divorce (being the modern term in usage); the legal and official separation between spouses. It ends the legal connection between them so they are entitled to marry again. The divorce also establishes what will happen with the common assets and which of the ex-spouses will exercise the care for their children.
In the practice, the word participates in the legal maxim “Sur cui ante divortium”, which entitles a spouse to dispute and claim for cancelation of all sales of estates, initially acquired during the marriage but then sold during the marriage by the other husband, without their official approval and knowledge.
The word relates also to the legal term “ex-parte divortio”, applicable in the area of Family Law. There it details a divorce lawsuit, where only one of the spouses participates on it. This is a situation where the other spouse has been properly notified and served with the court documents, but is not present on the hearing.

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