In order for a divorce to be requested, there must be the presence of a legitimate marriage, which it is desired to dissolve either by decision of the spouses or of a single party, through the judicial mediation of the competent authorities. For the change to your new divorced civil status, it is necessary to register it so that it is valid in other entities.
There is a difference between annulling the marriage and divorce and that is that in annulment the court ruling establishes its effects to be retrograded to the date of the marriage, leaving the same as if the marriage was never performed, and as the divorce works in the future.
In Rome, divorce was very common and usual until the arrival of Christianity, the breakdown of the marriage relationship was normal, without having to present an explanatory sentence, since in the Roman marriage a formal act was not necessary, it was enough to collect the requirements of coexistence and affectio maritalis, by not complying with one of these, the marriage ends. If it was terminated by one of the spouses, it was called repudiation. At the beginning, it was only used in married couples cum manu and they reasoned the causes, but in marriage "sine manu" when the empire, the repudiation of both the man and the woman could be requested without giving the reasons for the separation.
Argentina's new civil code allows divorce at the wish of one of the parties, but they apply that a proposal must be submitted on the consequences of divorce, what will happen to the assets, communication, guardianship of the children, maintenance, among other things. They can also present the request for divorce with an agreement between the two parties on the points mentioned.
Likewise, the new code is shown in accordance with the rights and obligations of those who have in a coexistence alliance, formerly called concubines, whose sanctions had not even been registered.
Institutions for divorce are very old, almost as much as those of marriage, but many cultures would not consent on matters social, religious or economic. commonly the populations that regulate the organisms for the marriage in no way believed it indissoluble, and its breaking was generally required by the men.
