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The removal of the spouse from the marital home, without just cause, justifies the charge in the separation.

  • 08/02/2021

The Supreme Court, section I, with order no. 1785, filed on January 28, 2021, confirmed that the removal of the spouse from the marital home, if not assisted by just cause, constitutes a violation of the cohabitation obligation and is in itself sufficient to justify the separation charge, unless it is not proven that it was determined by the behavior of the other spouse or that it intervened at a time when the continuation of cohabitation had already become intolerable and therefore as a consequence of this fact.

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