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Contrary to what happens in consensual separation, what happens in the judicial separation is a real legal dispute. The judge, in pronouncing the separation, announces, circumstances, and only if requested by either spouse or both, which of the spouses is chargeable for the separation, in observation of discordant attitude to the duties arising from the marriage.

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Characteristic of judicial separation, then, is the ability of the charge separation of one of the spouses. And in fact it’s plausible that one of the spouses clearly requires the Court to appoint the other spouse as the sole responsible for the failure of marriage.

These attitudes and facts can lead to a separation of responsibility. Apart from clear idea of attitudes contrary to the marital obligations, such as domestic violence, commission of crimes by one spouse against the other, there are other attitudes which, while finding no reference as set out in media legislation, are evaluated by the courts because these causes of the separation can remember the injustices psychological, the surrender in have intercourse, excessive jealousy, the attitude of the more wealthy spouse that is lacking other means of support, etc. .

As already established by the Law of the Supreme Court, the new subject of legal separation of the spouses, which was introduced by the Law of 19 May 1975 no. 151, has moved what were the main faults of the separation itself from typical assumptions of guilt and unconditional and enlarged the area of investigation for the study of the responsibility for the failure of the marriage, with particular reference to the entire area of the obligations arising from marriage.

Therefore, the trial judge, called to announce which of the spouses is chargeable responsible for separation, although it finds against one of them an attitude in itself serve as the cause of unacceptable continuation of cohabitation, cannot disengage, independently from the affirmation of instances of custody to take into consideration as a whole and in a comparative way with the attitudes of each of the two spouses, in order to ascertain which can be explained in facts or acts of the other, and which, however, no such justification, should be counted as a liability for the indicated failure.

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