Divorce by Mutual Consent.—The husband and wife may effect a divorce by mutual consent. No court procedure is necessary. Just as in giving notice of marriage, the parties consenting to be divorced give notice of such agreement to the registrar, and they are ipso facto divorced.
A person who has not reached the age of twenty-five years, in order to effect a divorce by mutual consent, must obtain the consent of the person or persons whose consent was necessary for the marriage.
If a husband and wife have effected a divorce by mutual consent without arranging as to whom the custody of the children shall belong, it belongs to the husband.
Judicial Divorce.—A husband or wife, as the case may be, can bring an action for divorce for the following causes:
1. If the other party contracts a second marriage.
2. If the wife commits adultery.
3. If the husband is sentenced to punishment for an offence specified in Article 348 et seq. of the Criminal Code; such offences involving criminal carnal sexuality.
4. If the other party is sentenced to punishment for an offence greater than misdemeanor, involving forgery, bribery, gross sexual immorality, theft, robbery, obtaining property by false pretences, embezzlement of goods deposited, receiving knowingly stolen goods, or any of the offences specified in Articles 175 and 260 of the Criminal Code, or is sentenced to a major imprisonment or more.
5. If one party is so ill-treated or grossly insulted by the other that it makes further living together of the spouses impracticable.