Catholic marriage separation, permission and sin.

Commentary on Canon 1153+1154

Can. 1153 gives one spouse the authority to separate on own authority if there is danger in waiting for the requisite permission from the local ordinary. Permission to continue living apart must then be ecclesiastically pursued, or the prolonged de facto separation becomes the grave sin of public abandonment, no matter how privately just the cause may be. Public/canonical abandoners are not eligible for Communion.

Canon 1154 says that the parents must provide for the children and educate them in the faith. Therefore, the separating spouse may sue on own authority only for emergency child support in civil court, but never for separation. No spouse may sue for separation ("divorce") w/o first obtaining the bishop's permission - or it's public grave sin.

Description:The 3rd Council of Baltimore decree #126 states that: "We command all (i.e. baptized) married persons that they must not go to the civil courts to obtain a separation from bed and board without previously receiving permission from the ecclesiastical authority. Should anyone attempt this, let him know that he incurs the guilt of grave sin and that he is to be punished as the bishop shall decide."

This legislation remains in force per Canon 6.1n.2.