Where the divorce has been granted on the ground of adultery the guilty party can never marry the person with whom he or she was found guilty of the offence.
Custody of Children.—The custody of the children belongs to the party in whose favour the judgment of divorce has been pronounced, unless the court in the interests of the children, upon the application of the family or the Ministère Public, directs that they be entrusted to the other party or to a third person.
Whoever may become entitled to the children’s custody, the father and mother each retain their right to superintend the maintenance and education of their children and must contribute thereto in proportion to their means.
Judicial Separation.—The same causes which are sufficient to obtain a decree of divorce are sufficient to entitle the party to a separation from bed and board.
When a judicial separation has lasted three years the judgment can be changed into a decree of divorce upon the application of either party.
A judicial separation carries with it separation of property and restores to a woman her full civil rights, so that she may buy and sell and otherwise act as if she were a single woman.
CHAPTER VI.
Italy.