Domicile of the Wife Unlawfully Separated
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- On July 24, 2016
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- Dissertation
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Pages 58-91 (4.8 MB)
Gibbons, Rev. Marion Leo, C.M., LL.B., B.Al, J.C.L. Domicile of Wife Unlawfully Separated from
her Husband, A Historical Synopsis and Canonical Commentary. Washington, D.C.: Catholic University of America, 1947.
Both spouses have an equal obligation to have a common domicile (1983 CIC canon 104), so anything in this dissertation regarding a wife’s obligation can equally be applied to a husband’s obligation.
Page 62-63: Frequent quarrels, in themselves are not a just cause for separation of spouses. However, “Implacable hatred” is a cause for separation.
Page 64: “[T]he Sacred Roman Rota has recognized among others the following as justifying causes for a temporary separation […] malicious desertion, done without justification but at the same time with the intention of not returning.”
Page 77: [W]hen there is question of an alleged nullity of the marriage, private authority is not recognized as an adequate basis for establishing a legitimate separation.”
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