Judicial Separation

Courts grant Judicial Separation when a marriage has broken beyond repair and cohabitation is no longer possible.

Two years of Judicial Separation:
Decree of Judicial Separation may convert to a decree of divorce after the laps of two years.

Seven Years of Separation (separation mensa et thoro):
After separation for seven years a party to marriage may apply for a divorce on the ground of separation for seven years.

Such action may be filed by way of summary procedure.

Note: a spouse who seeks divorce under Judicial Separation must also establish a matrimonial fault (i.e. adultery, malicious desertion or incurable impotency) of the other spouse.