The Senate included on the agenda for this Wednesday's regular session the review of the bill known as the "express divorce," which aims to simplify and speed up the dissolution of marriages when both parties mutually agree. The initiative, authored by Senator Lilian Samaniego, seeks to amend Article 5 of Law No. 45/91, which governs binding divorce in Paraguay.
According to the senator, the bill is exclusively targeted at couples who have already jointly decided to end their marital bond. The proposal would allow both spouses to appear directly before a competent judge to express their desire to divorce, without the need to hire lawyers or pay court fees and legal costs. "It is so that a judge can directly deal with both parties without the need for a lawyer, without paying court fees, charges, and also saving the time it usually takes to achieve this," Samaniego said.
The legislator explained that during her travels across the country, she frequently received complaints from people who, although separated for years, cannot regularize their legal status due to lack of resources to cover the costs of the process. "This was a concern brought to me by humble people who cannot afford their divorce because the price is unattainable," she said. Many of these people, she added, have already rebuilt their lives and maintain new relationships but remain legally tied to their former spouses.
The procedure outlined in the bill establishes that either spouse may request dissolution one year after the marriage, without the obligation to present a specific cause. The judge will hear the parties separately to attempt reconciliation. If no agreement is reached, a second hearing will be scheduled between 30 and 60 days later. If the spouses maintain their decision and have already resolved property matters, the judge must issue the divorce decree within three days. If they fail to appear to confirm the request, the case will be automatically dismissed and can only be reopened after one year.
When asked about possible resistance from judicial sectors, Samaniego said she had not spoken with Supreme Court authorities but consulted specialized legal advisors. "Ultimately, these fees are for the lawyers; the lawyers are the ones who will feel affected," she acknowledged. Still, she defended that the goal is to make life easier for citizens: "What we seek is for Paraguayan men and women to live in peace."
Lawyer Francisco Segura Riveiro assessed that the bill faces no major obstacles to approval and could become a useful tool to ease the family courts' workload. "It is a project that assists and helps resolve situations more quickly where there is no conflict between the parties," he said. He highlighted that a traditional divorce usually takes from three months to a year, but when there is litigation over the cause of separation, the process can extend to two to three years.
Samaniego stated that several advisory committees have already issued favorable opinions, albeit with modifications, and expressed confidence that the initiative will advance in Wednesday's session. "I hope it is addressed as soon as possible tomorrow so it can move on to the Chamber of Deputies and be approved," she said. The senator believes the proposal can gather broad political support as it responds to a widespread social demand.