A decree of Legal Separation gives the spouses the right to live separately from each other, dissolves the conjugal partnership, awards the minor children to the innocent spouse and disqualifies the offending spouse from inheriting from the estate of the innocent spouse.
What is the main difference between Legal Separation and Annulment?
Once a Decree of Annulment has been issued by the court the parties may choose to remarry. A decree of Legal Separation allows the spouses to live separately but does not sever the bonds of marriage (remarriage is not allowed).
What are the grounds for legal separation?
There are ten (10) grounds on which a petition of for Legal Separation may be filed.
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.
10. Abandonment of petitioner by respondent without justifiable cause for more than one year.
In a Petition of Legal Separation the term “child” shall include a child by nature or by adoption.
There is a six (6) month waiting period from the time of the filing of the Petition of Legal Separation and the time that the trial may start. During the waiting period it is the duty of the court to try to reconcile the spouses.
We file petitions for annulments and legal separation only in Metro Manila.