A petition for legal separation in the Philippines may be filed based 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.
A petition for legal separation in the Philippines must be filed within five (5) years from the occurrence of the cause. Otherwise, the action shall be barred.
After a petition for legal separation is filed, there is a cooling-off period of six (6) months before trial can proceed.
Effect of Legal Separation
The decree of legal separation shall have the following effects:
(1) The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed;
(2) The absolute community or the conjugal partnership shall be dissolved and liquidated but the offending spouse shall have no right to any share of the net profits earned by the absolute community or the conjugal partnership, which shall be;
(3) The custody of the minor children shall be awarded to the innocent spouse; and
(4) The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.
For more information on legal separation, visit our website www.ndvlaw.com or call us at +632 84706126 or +632 84706130.
Nicolas & De Vega Law Offices is a Philippine law firm with family lawyers and attorneys who assist clients in filing legal separation cases in the Philippines.