Kernrechtsfrage
Whether abandonment alone can establish deep marital breakdown under Art. 142 ZGB when the requirements of Art. 140 ZGB are not met.
Extrahierter Entscheid
Abandonment may be considered as an indication of deep marital breakdown, but by itself it is not sufficient; additional circumstances showing an irreparable breakdown must be proven, unless repeated departures show a lack of serious intent to resume marital life.
Extrahierte Begründung
Allowing abandonment alone to found divorce under Art. 142 ZGB would circumvent the specific requirements of Art. 140 ZGB. Therefore, where the Art. 140 conditions are absent, the abandonment must be accompanied by further facts evidencing an incurable breakdown.