Of course not. I do believe, however, that the term abuse (with the exception of obvious physical abuse) is not nearly as cut and dried as you seem to believe. THis is why the Church demands to intercede in these cases (although in practice, the US Church has abdicated its role as you describe above.
Are you suggesting that every pastor priest is automatically deputized by the bishop to discern legitimacy of separation? Also the 1983 version of canon law did, as I understand it, offer examples and clarification on 1153 that are no longer present.
Can you be specific about what kind of non-physical mistreatment you have in mind that a spouse has a duty to tolerate in light of the duty to maintain the common conjugal life, even when it is doled out in front of one’s children, and what kind of non-physical mistreatment should not be tolerated, for the sake of the child? Perhaps we are not so far apart as we might think.
For instance, I would say that an argument over money in which one partner uses unfair “you always” statements is non-physical mistreatment, but would normally not rise to the level of abuse. If one parent stonewalls the other (the silent treatment) or meets complaints in a defensive counter-complaining manner, that is hard for the children to have to endure, and it does do them harm to have to hear it, but would not usually rise to a level so unacceptable that separating the parents would be better for the child or the marriage. The mistreatment and damaging communication styles have to be dealt with if the marital relationship is to survive, but until the relationship or the psyche of one or both parents begin to suffer serious damage by the erosive power of such incidents, separation of the parents ought to be avoided. (That is true whether there are children or not–this is my opinion, because Church law starts with the premise that there is a duty to preserve the common conjugal life unless a serious reason excuses a spouse from it.)
If, OTOH, one spouse referred to the other using language that a child ought to never hear at all, let alone hear coming out of one parent’s mouth as an attack on the other, I would consider that abuse that a child should never be forced to witness. It would either stop or it would be cause for separation. You can’t force a child to hear his parent talked to like that, not ever. In-between cases would be expressions of contempt or personal attacks, which can range from the level of mistreatment to the level of abuse without reference to whether inherently abusive words are used.
No, I’m suggesting that many bishops do give pastors in their dioceses directions on how to guide couples in these cases, rather than having these all go through the chancery offices. When the subject is abuse, time and a relationship of trust is not a negligible consideration. For this reason, there is a pastoral and practical advantage to giving those worthy of the office of pastor some latitude to take care of these things in-parish.
If a spouse believes themselves or their children to be in imminent danger, it is their right to separate without consulting an ecclesiastical authority. Personally, I don’t believe there is a certain number of times of verbal abuse of a parent that is not damaging to a child, or that this is a problem that ought to be allowed to just go on while the adults figure it out. Kids remember this stuff and how everyone responded in these situation for their whole lives. Even a spouse with no children can only take so much of that without suffering real harm. The marriage itself ought to be protected from that kind of outrageous attack by one of its own. The attacked spouse needs to be charitable and avoid launching any counter-abuse, self-excuse from the duty to maintain the common conjugal life should not be undertaken lightly, but spouses must have the right to immediately and firmly refuse any amount of truly abusive treatment, including serious verbal abuse.
We have to remember, too, that verbal abuse is a big deal, not just physical abuse, just as lust is a big deal, and not just physical unchastity. The Lord was very clear on this point.
“
You have heard that it was said to your ancestors, ‘You shall not kill; and whoever kills will be liable to judgment.’ But I say to you, whoever is angry with his brother will be liable to judgment, and whoever says to his brother, ‘Raqa,’ will be answerable to the Sanhedrin, and whoever says, ‘You fool,’ will be liable to fiery Gehenna.
Matt. 5:21-22
If you want to help your spouse get to heaven, insisting that they control their tongue is part of it. Renouncing verbal abuse is a life-and-death, heaven-and-hell topic.