Wife's Right to Divorce for Harm or Absence?

Either spouse, before or after consummation, may seek separation because of harm caused by the other in word or deed, such that marital life between people like them cannot continue (art. 126). The court must exert its effort to reconcile them; if reconciliation fails and harm is proven, it rules for separation by an irrevocable divorce, and if harm is not proven it appoints two arbitrators to reconcile or separate (art. 127). Harm is proven by the testimony of two men, or one man and two women (art. 133).

As for absence, if the husband is absent for a year or more without acceptable excuse, his wife may seek divorce if she is harmed by his absence, even if he has assets she could spend from (art. 136). If the absent husband can be notified, the judge sets a deadline; if it passes and he does neither acts nor offers an acceptable excuse, the judge separates them by an irrevocable divorce (art. 137).

If the husband is imprisoned under a final judgment to a custodial sentence of three years or more, his wife may seek an irrevocable divorce after one year of his imprisonment, even if he has assets (art. 138).