Canon
863
1. Although
it is earnestly recommended that a spouse, moved by
charity and
a concern for the good of the family, not refuse pardon to an adulterous
partner and not break up conjugal life,
nevertheless,
if the spouse has not expressly or tacitly condoned
the misdeed
of the other spouse, the former does have the right
to end
conjugal living, unless he or she consented to the adultery, gave cause for it,
or likewise committed adultery. 2.
Tacit
condonation exists if the innocent spouse, after having
become
aware of the adultery, continued voluntarily to live with
the other
spouse in marital affection. Tacit condonation is presumed if the innocent
spouse continued conjugal living for a
period of
six months and has not had recourse to ecclesiastical
or civil
authority. 3. If the innocent spouse spontaneously
severed conjugal
living, that spouse within six months is to
bring a
suit for separation before the competent ecclesiastical
authority;
this authority, after having investigated all the
circumstances,
is to decide whether the innocent spouse can be
induced to
forgive the misdeed and not to prolong the separation
permanently.
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