In the Philippines, a Catholic country where divorce is not legal, spouses have three choices; legal separation, annulment, or not doing anything. Annulment is a lengthy and expensive process; not doing anything (and having another partner) may be more dangerous as you will be charged with adultery plus properties may still be conjugal. The best thing to do is to file a petition for legal separation in the Philippines, read our guide.
Legal Separation is also termed as Bed and Board Separation as you won’t be sharing a home or a bed with your spouse. Filing a legal separation in the Philippines is not a bit as easy as it sounds. You need to be eligible to file such, and there is a period for reconciliation, too. This will be very helpful in the future; your assets are yours not anymore conjugal, and if you found a new love on the other side of the world, you can explain properly when it comes to visa applications and invitations.
Other articles you can read:As per Article 55 of the Family Code of the Philippines, you can file on the following grounds:
P.S. Respondent is the defendant or the spouse of the petitioner
In the cases below, then you may not file a petition for legal separation:
STEP 1: Look for a lawyer. A family lawyer is recommended. Talk to the lawyer about your circumstances and that you want to a Legal Separation with your spouse. Note that the husband or wife can only file for the petition, in-laws and children can’t.
STEP 2: The lawyer will make a petition on your behalf and file in the court.
STEP 3: After 6 months from filing, you can be tried. This is a cooling period where you and your spouse may reconcile. You should need to take steps, but in case it’s impossible to get back together, a decree is issued.
STEP 4: The court will issue summon for the respondent. The respondent needs to answer the summons 15 days after s/he received the order.
STEP 5: Go to the court for pre-trial proceedings. You should attend with your lawyer so that the case would not be dismissed. In case you are unable to go there due to an urgent matter, you can let your lawyer go to the court.
STEP 6: Go on a trial. Prepare your evidence, witnesses, etc. your lawyer will help you along the way. The evidence and witnesses must help you in your legal separation by proving the grounds. For example, if your ground is sexual infidelity, you may show text messages, pictures, etc. of your spouse and the other party at the court.
STEP 7: Wait for the verdict. It will take more than a year or two for the final judgment. So you need to be patient.
Getting a legal separation is not easy, but it’s a step closer to “being free.” However, you should note that you can’t marry another person if you are legally separated, only if your marriage is annulled, you can do so. If you have more questions on how to file a petition for legal separation, it’s better to consult a lawyer.
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About the Writer
Hey, I’m Lyza! I once was a person who just imagined going to places “one day” but decided to pursue my dreams. My first travel abroad was in Japan, solo, last 2018, and fell in love with the journey since. I’m aiming to visit 10 countries before turning 30 and 2 new places in the Philippines every year. Besides traveling, I love organizing trips, photography, reading, and making new friends. Follow my adventures through my Instagram.
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I am in abroad for 7 years and me and my decided to separate ways. He’s not providing the need of our children and i want to file for legal separation. Is it possible to file it abroad? And if it is possible without my personal appearance? Thanks
Aidin sanchez says:It’s more than 7 years since I separated to my foreign husband, we don’t have a communication anymore, is our marriage still valid?
Lyza Paloma says: Maritchu Young says:My husband posted false informations about me on social media. He addressed that I am a prostitute and his friends on Facebook have read his post about me. What should I do? I want to clear myself to his accusations.
Lyza Paloma says: GO to violence against women and their children (VAWC) desk kirsty says:my mom and dad was separated along time ago. But it wasn’t legal separation yet. My dad now have other women and family. What case can we possible apply if my dad have an affair and had child while they are still together with my mom without knowing? Your response is highly appreciated. Thank you.
Lyza Paloma says: We can’t give advice as we are not lawyers, you can ask one po. camilla says:what if the husband cheated and the woman now has a partner who is also a woman, can the woman still file a case against her husband for not giving proper support to their children? and the man’s wife has a child too? what can be the case with men?
Lyza Paloma says:Try going to the DSWD, I forgot what office you need to go to in case you are asking for financial support of your previous partner.
Kay says: Can you file for legal separation even if you are the one who committed infidelity? Melissa Corpuz says:Hi im melissa my husband aand i agree to seperate or annulled what should i do .im working abroad as ofw how can i apply it to separate.
Cataleah Jane says: is there another option to get a public lawyer to file a legal separation. Maria says:Thank you for the information though it is very helpful but it is also like an impossible dream. Getting a family lawyer is just for above average earner. 😔
Suzette Jimenez says:Good day to all!
I am separated with my Husband for 12 Yrs.he has another family now I want to file legal separation but presently I am here in Hong Kong and he is in abroad. How can I file legal separation and how much it cost if I’ll file legal separation in philippines? Thanks 😊
Hi! My husband is currently working abroad. How can I file the legal separation if he is not here. I really want to end the marriage. He is abusive physically and emotionally. Syempre ngayon the physical abuse won’t happen but the words coming from him..those are so heartbreaking..nakakadurog ng pagkatao. Any advice?
Michelle says:Pwde ba mag file ng legal separation pero wla ako evidence na pwde pang laban sakanya…nakaka pagud na kc at di na kmi nag kakaintindihan …ung reason ko lng nmn kya ko gusto mag file ay dhil iresponsible xai ..sarili lng ung iniisip nya… hopefully may mag responce ..thank u..
