If good faith existed on the part of only one of the spouses it shall produce civil effects only with regard to said spouse and to the children. Good faith is presumed if the contrary does not appear. When bad faith existed on the part of both spouses, the marriage shall only produce civil effects with relation to the children. ART. 70. After the annulment of a marriage has been finally decreed, the sons over three years of age shall remain under the care of the father, and the daughters under the care of the mother, if there should have been good faith on the part of both spouses. If good faith existed on the part of one of the spouses only, the children of both sexes shall remain under the authority and care of said spouse. If both were guilty of bad faith, the tribunal shall decide as to the disposition of the children in the manner prescribed in the second paragraph of No. 2 of Article 73. The sons and daughters, under three years of age, shall in all cases remain under the charge of the mother, until they attain this age, unless on account of special reasons the decree has ordered otherwise. ART. 71. The provisions of the first and second paragraphs of the preceding article shall not be made use of if the parents, by common consent, shall provide otherwise for the care of the children. ART. 72. The final decree of annulment shall produce, with regard to the property of the marriage, the same effects as a dissolution by death; but the spouse who has acted in bad faith shall have no rights to the profits of the conjugal partnership. When both have acted in bad faith, one shall be set off by the other. ART. 73. A decree of divorce shall produce the following effects: 1. The separation of the spouses. 2. The children to remain or be placed under the authority and protection of the innocent spouse. When both are guilty, a guardian shall be provided for the children in accordance with the provisions of this code, and if the decree has not provided otherwise, the mother in every case shall have the children under three years of age in her charge. Upon the death of the innocent spouse, the guilty one shall recover the parental authority and his or her rights, when the cause which gave rise to the divorce should have been adultery, violence to the person, or grave insult. When the cause is different, a guardian shall be appointed for the children. The deprivation of the parental authority and of its rights does not exempt the guilty spouse from the fulfillment of the obligations which this code imposes upon him or her with regard to the children. 3. The guilty spouse shall lose all that may have been given or promised him or her by the innocent one or by any other person in consideration for the latter; and the innocent spouse shall keep all that he or she has received from the guilty one, being permitted, besides, to claim forthwith all that may have been promised by the same. 4. The separation of the property of the conjugal partnership, and the loss of the administration of that of the wife, if the husband should have it, and is the one who gave cause for the divorce. 5. The retention by the innocent husband of the administration, if he should have it, of the property of the wife, who shall only be entitled to support. ART. 74. Reconciliation terminates the suit for divorce and leaves the decree issued in regard thereto without subsequent effects; but the spouses must give notice thereof to the tribunal which has or may have taken cognizance of the suit. The effects of the decree shall be enforced with regard to the children, without prejudice to the provisions of the foregoing article, when it is founded on the attempt or connivance of the husband or of the wife to corrupt their sons or to prostitute their daughters, in which case, if either still continue under the parental authority, the tribunals shall adopt the proper measures in order to protect them from corruption or prostitution. SECTION 3. ANNULMENT OF MARRIAGE. ART. 101. The following marriages are void: 1. Those celebrated between the persons referred to in Articles 83 and 84, except in cases of dispensation. 2. Those contracted by error as to the person, or by compulsion or intimidation, which avoids the consent. 3. Those contracted by the abductor with the abducted while she is in his power. 4. Those which are not celebrated by a competent municipal judge, or by the person who should act in his place, and without the presence of the witnesses required by Article 100. ART. 102. An action for the purpose of procuring the nullity of the marriage must be instituted by the spouses, by the department of public prosecution, or by any person whatsoever who may have any interest therein. Cases of abduction, error, force, or intimidation are excepted, in which cases only the spouse who may have suffered therefrom may institute it; and that of impotency, in which the action appertains to either spouse and to the persons who may have an interest in the annulment. The action lapses and marriages are confirmed in the respective cases if the spouses having lived together during six months after the error has disappeared or after the force or the cause of intimidation has ceased, or if, after the abducted party having recovered liberty, he or she should not have instituted a suit for nullity during said period. ART. 103. The civil tribunals shall take cognizance of the suits for annulments of marriages celebrated in conformity with the provisions of this chapter, and shall adopt the measures indicated in Article 68, and shall render final judgment. SECTION 4. DIVORCE. ART. 104. Divorce only produces the suspension of the life in common of the spouses. ART. 105. The legitimate causes for divorce are: 1. Adultery on the part of the wife in every case; and on the part of the husband when public scandal or disgrace of the wife results therefrom. 2. Personal violence actually inflicted or grave insults. 3. Violence exercised by the husband toward the wife in order to force her to change her religion. 4. The proposal of the husband to prostitute his wife. 5. The attempts of the husband or wife to corrupt their sons or to prostitute their daughters, and connivance in their corruption or prostitution. |
