Domicile of the Wife Unlawfully Separated
- Posted by Mary's Advocates
- On July 24, 2016
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.”