Infidelity

A spouse may seek lawful separation from bed and board if the other spouse be guilty of infidelity, that is, commitsadultery. This is not the case, however, if the spouse seeking separation is also guilty of adultery. Nor is it the case if the spouse now seeking separation has already forgiven the infidelity by using the marriage right with the offending party. Nor is it true in any case except that of actual, recognized, freely committed adultery.

No spouse, however, is bound to seek separation by reason of adultery on the part of the other spouse,unless the offending party be determined to continue committing this same sin. In this case, there is a duty to separate.

No spouse can, by private authority, effect a separation from bed and board. One spouse, truly injured by the adultery of the other, may indeed effect a separation from bed. But for full separation, the injured party must appeal for the judgment of the ecclesiastical court.

In all matters touching fidelity in marriage, husband and wife are on a par. Nothing is lawful for one and unlawful forthe other.

Separation allowed by reason of infidelity does not dissolve marriage. The separated spouses are still husband and wife; neither can marry anew while the other lives.

Separated spouses should strive to be reconciled and to takeup decent married life together, if and when this becomes at all possible.