• Legal separation does not cut marriage bond

    7
    Persida Acosta

    Persida Acosta

    Dear PAO,
    What are the grounds that I can use for filing legal separation? Can I marry again after my husband and I were legally separated?
    Carla

    Dear Carla,
    Article 55 enumerates the grounds that may be used in filing a petition for legal separation, to wit: “Art. 55. A petition for legal separation may be filed on any of the following grounds:

    1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

    2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

    3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

    4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

    5. Drug addiction or habitual alcoholism of the respondent;

    6. Lesbianism or homosexuality of the respondent;

    7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

    8. Sexual infidelity or perversion;

    9. Attempt by the respondent against the life of the petitioner; or

    10. Abandonment of petitioner by respondent without justifiable cause for more than one year.

    For purposes of this Article, the term “child” shall include a child by nature or by adoption.”

    If any of the aforementioned grounds is present, you may file a petition for legal separation before the Family Court of the province or city where you or your husband has been residing for at least six months prior to the date of filing. In case your husband is a non-resident, you have the option to file the petition in the family court of the place where he may be found in the Philippines (Section 2, Rule on Legal Separation). Your petition for legal separation may be granted by the court, upon hearing, unless the following instances are present: the aggrieved party has condoned the offense or act complained of; there is connivance in the commission of the offense or act constituting the ground for legal separation; both parties have given ground for legal separation; there is collusion between the parties to obtain the decree of legal separation; or the action is barred by prescription (Section 16, Rule on Legal Separation).

    However, the grant of your petition for legal separation will not give you the right to contract another marriage. The decree of legal separation shall only entitle the spouses to live separately from each other but shall not sever their marriage bonds.

    We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

    Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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    7 Comments

    1. I am almost 20 years separated from my husband. No communications, nor contacts and don’t know his whereabouts. Obviously no support from him even when we are still living together because I’m the only one working. In 4 years living together we always fight and separate and come back together again. Until I finally decided to stay away from him for not being capable to be a good father and a husband. Aside from being drug and alcohol dependent he always abused me physically and verbally that forced me to leave him. And raised my two kids without him. I just need my freedom legally so is it possible for me to finally get it? As our marriage didn’t work out and we didn’t follow the rites to live as husband and wife in one roof. I already suffered too much. Thanks and more power.

    2. dear pao,
      almost two yrs npo kming hiwalay ng ex-husband ko,wala n po ako balita about him nd once in a month po kung magbigay sya ng financial support sa anak namin dati pro recently natigil npo un(2k is the highest amount),ang nais ko lang po malaman kung magconvert po b ako sa muslim,allowed npo b ako to re-marry again?thnk u nd god bless!
      GINA

    3. almost two yrs npo kming hiwalay ng husband ko nd once in a month po kung magbigay ng financial support ang ex husband ko sa anak namin (2k is the highest amount),ang nais ko lang po malaman kung magconvert po b ako sa muslim,allowed npo b ako to re-marry again?

    4. I am almost 20 years separated from my husband. No communications, nor contacts and don’t know his whereabouts. Obviously no support from him even when we are still living together because I’m the only one working. In 4 years living together we always fight and separate and come back together again. Until I finally decided to stay away from him for not being capable to be a good father and a husband. Aside from being drug and alcohol dependent he always abused me physically and verbally that forced me to leave him. And raised my two kids without him. I just need my freedom legally so is it possible for me to finally get it? As our marriage didn’t work out and we didn’t follow the rites to live as husband and wife in one roof. I already suffered too much. Thanks and more power.

    5. Carla could make her life much more simple if she divorced her husband. Contrary to popular belief divorce is possible in the Philippines and is totally legal. A divorce can be obtained in about 12 months and the Petitioner is free to remarry.
      View http://www.divorceinthephilippines.info for more details.

    6. Dear Pao,

      I want to have another wife. If I declare myself to be Muslim can I proceed to marry again?