Marriage property and ties can be severed several ways.
Legal separation does not dissolve the marriage tie, but it separates the property regime and severs marital obligations. It is a proceeding where one of the spouses is found to be at fault.
Simply separating the properties in a no fault proceeding would also be possible, but that is through a distinct remedy called the judicial separation of property.
Legal separation is different from annulment or declaration of nullity where it is determined that the marriage is void or voidable.
Below are the steps for legal separation.
Legal separation is a court-approved separation of husband and wife. It is not a divorce and we do not have divorce in the Philippines. Under legal separation, the marital obligations and the property relations between the spouses are ended, but the marriage bond is not dissolved unlike in divorce or annulment.
What is legal separation?
Legal separation is often sought by spouses in order to legally sever their properties from each other, although there are other ways to do this.
The spouses become entitled to live separately from each other and their obligation of mutual support ceases.
The common property of the marriage is dissolved and liquidated, but the spouse at fault shall have no right to any share of the net profits earned by their common property. This share of the net profits is forfeited in favor of the children or the innocent spouse.
Legal separation lets spouses live apart and awards net profits to the spouse without fault.
Subject to court discretion on the best interests of the child, the custody of the minor children will be awarded to the innocent spouse.
The spouse at fault becomes disqualified from inheriting from the innocent spouse whether with or without a last will and testament.
A petition may be filed at the Family Court by either the husband or the wife within 5 years of the occurrence of the ground for legal separation.
The first step is filing the petition at the family court.
Legal separation can be granted when there are serious marital problems. Under the law, the grounds for legal separation are:
Habitual alcoholism is a ground for legal separation.
(a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(b) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;
(c) 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;
(d) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;
(e) Drug addiction or habitual alcoholism of the respondent;
(f) Lesbianism or homosexuality of the respondent;
(g) Contracting by the respondent of a subsequent bigamous marriage, whether in or outside the Philippines;
(h) Sexual infidelity or perversion of the respondent;
(i) Attempt on the life of petitioner by the respondent; or
(j) Abandonment of petitioner by respondent without justifiable cause for more than one year.
The petition must be filed in court within 5 years from the time of the occurrence of the particular ground/s for legal separation.
Unlike annulment, these grounds can have occurred during the marriage itself.
Unlike cases for nullity or annulment, these grounds occurred during the marriage and need not have existed before that.
Yes. The following are the grounds for denying such a petition:
(1) Where the aggrieved party has condoned the offense or act complained of;
(2) Where the aggrieved party has consented to the commission of the offense or act complained of;
(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;
(4) Where both parties have given ground for legal separation;
(5) Where there is collusion between the parties to obtain a decree of legal separation; or
(6) Where the action is barred by prescription.
These deserve careful review.
Can your petition be denied?
Note ground (1) in particular. Condonation (forgiveness) may be either express or implied. Under Philippine law and jurisprudence, there is already implied condonation when, after a ground for legal separation becomes known, the couple resumes cohabitation as man and wife.
American cases provide the basis for our understanding of condonation.
This means that even if there were valid grounds for legal separation, if the spouses have sexual intercourse after the grounds became known then legal separation will not be allowed by the court.
Our jurisprudence on this point is lifted from old American cases:
“The legal separation may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adultery or concubinage. Where both spouses are offenders, legal separation cannot be claimed by either of them. Collusion between the parties to obtain legal separation shall cause the dismissal of the petition.
A detailed examination of the testimony of the plaintiff-husband, especially those portions quoted above, clearly shows that there was a condonation on the part of the husband for the supposed “acts of rank infidelity amounting to adultery” committed by defendant-wife. Admitting for the sake of argument that the infidelities amounting to adultery were committed by the defendant, a reconciliation was effected between her and the plaintiff.
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As the husband resumed relations with the wife, condonation occured.
The act of the latter in persuading her to come along with him, and the fact that she went with him and consented to be brought to the house of his cousin Pedro Bugayong and together they slept there as husband and wife for one day and one night, and the further fact that in the second night they again slept together in their house likewise as husband and wife — all these facts have no other meaning in the opinion of this court than that a reconciliation between them was effected and that there was a condonation of the wife by the husband. The reconciliation occurred almost ten months after he came to know of the acts of infidelity amounting to adultery.
In Shackleton vs. Shackleton, 48 N. J. Eq. 364; 21 Atl. 935, it has been held that “condonation is implied from sexual intercourse after knowledge of the other infidelity. Such acts necessary implied forgiveness. It is entirely consonant with reason and justice that if the wife freely consents to sexual intercourse after she has full knowledge of the husband’s guilt, her consent should operate as a pardon of his wrong.”
In Tiffany’s Domestic and Family Relations, section 107 says:
Many court cases supported this interpretation of condonation.
Condonation. Is the forgiveness of a marital offense constituting a ground for divorce and bars the right to a divorce. But it is on the condition, implied by the law when not express, that the wrongdoer shall not again commit the offense; and also that he shall thereafter treat the other spouse with conjugal kindness. A breach of the condition will revive the original offense as a ground for divorce. Condonation may be express or implied.
It has been held in a long line of decisions of the various supreme courts of the different states of the U. S. that ‘a single voluntary act of sexual intercourse by the innocent spouse after the discovery of the offense is ordinarily sufficient to constitute condonation, especially as against the husband’. (27 Corpus Juris Secundum, section 61 and cases cited therein).
In the lights of the facts testified to by the plaintiff-husband, of the legal provisions above quoted, and of the various decisions above-cited, the inevitable conclusion is that the present action is untenable.
Consistently, conhabitation is interpreted as condonation.
Although no acts of infidelity might have been committed by the wife, We agree with the trial judge that the conduct of the plaintiff-husband above narrated despite his belief that his wife was unfaithful, deprives him, as alleged the offended spouse, of any action for legal separation against the offending wife, because his said conduct comes within the restriction of Article 100 of the Civil Code.
The only general rule in American jurisprudence is that any cohabitation with the guilty party, after the commission of the offense, and with the knowledge or belief on the part of the injured party of its commission, will amount to conclusive evidence of condonation; but this presumption may be rebutted by evidence (60 L. J. Prob. 73).
If there had been cohabitation, to what extent must it be to constitute condonation?
Single voluntary act of marital intercourse between the parties ordinarily is sufficient to constitute condonation, and where the parties live in the same house, it is presumed that they live on terms of matrimonial cohabitation (27 C. J. S., section 6-d).
Several cases are cited.
A divorce suit will not be granted for adultery where the parties continue to live together after it was known (Land vs. Martin, 15 South 657; Day vs. Day, 80 Pac. 974) or there is sexual intercourse after knowledge of adultery (Rogers vs. Rogers, 67 N. J. Eq. 534) or sleeping together for a single night (Toulson vs. Toulson, 50 Atl. 401, citing Phinizy vs. Phinizy, 114 S. E. 185, 154 Ga. 199; Collins vs. Collins, 193 So. 702), and many others. The resumption of marital cohabitation as a basis of condonation will generally be inferred, nothing appearing to the contrary, from the fact of the living together as husband and wife, especially as against the husband (Marsh vs. Marsh, 14 N. J. Eq. 315).
There is no ruling on this matter in our jurisprudence but we have no reason to depart from the doctrines laid down in the decisions of the various supreme courts of the United States above quoted.
There is no merit in the contention of appellant that the lower court erred in entertaining condonation as a ground for dismissal inasmuch as same was not raised in the answer or in a motion to dismiss, because in the second ground of the motion to dismiss. It is true that it was filed after the answer and after the hearing had been commenced, yet that motion serves to supplement the averments of defendant’s answer and to adjust the issues to the testimony of plaintiff himself (section 4, Rule 17 of the Rules of Court).”
This is a situation where old cases based on foreign social mores dictate the choices of today. The above discussion of old American sources was rendered by the Philippine Supreme Court in the case of Bugayong vs. Ginez way back in 1956. Social values have shifted in the last 60 years, but the condonation doctrine has not been overturned to this day. [It was lately cited by the Supreme Court in Busuego vs. Office of the Ombudsman Mindanao and Busuego, G.R. No. 196842, October 9, 2013.]
Consider also ground (4) for denying a petition for legal separation, “Where both parties have given ground for legal separation.” Consider what it means in practice.
Clean hands means that one spouse must have no fault.
The law demands that a spouse who seeks legal separation should come to court with “clean hands”. A marriage that has so broken down that both spouses have had extramarital affairs, or where each tried to murder the other, does not qualify for legal separation in the Philippines.
Somehow, this absurdity was meant in aid of marriage as “the foundation of the family” and “an inviolable social institution protected by the State.” In this case, by punishing two clearly unhappy people to remain bound together in matrimony and misery. It escapes me how turning marriage into a penalty uplifts it as a social institution.
When both parties are at fault, legal separation cannot be availed of.
In the meantime, the American states from which our law took its lead on these concepts have not remained static. Consider, for example, the marriage law of New Jersey, which revokes these grounds:
Recrimination, condonation and the clean hands doctrine are hereby abolished as defenses to divorce from the bonds of matrimony, dissolution of a civil union, divorce from bed and board or legal separation from a partner in a civil union couple, and if both parties make out grounds for a divorce, dissolution or legal separation, a decree may be granted to each; provided that nothing herein shall preclude or abrogate the responsibility of a party for the penalty provided by law for perjury or the subornation of perjury.
These disqualifications are no longer in force in at least some of the United States even as they have fossilized into hard standards in this country.
Unfortunately, these outmoded standards are still in force in the Philippines.
Anyone who wishes to file for legal separation needs to take time into account. One can expect a clear case for legal separation to be more straightforward than a case for nullity of marriage based on psychological incapacity, but it will still take time because a petition for legal separation has a cooling off period mandated by law.
A 6 months cooling off period is required before trial to give some time for reconciliation.
By law, the trial cannot commence until 6 months after the date of filing of the petition. This cooling off period is intended by the law to allow the parties to reconsider and reconcile. It is, again, in line with Philippine law’s inclination toward maintaining the marriage bond.
Good day! I have a Canadian Divorce Certificate which my husband filed on July 2018 and was granted on May 2019. I did not consent and did not sign the papers but it was still approved and he remarried a month after he got the papers. The Canadian court also mailed me a copy. The problem is, I’m not sure if was already granted a Canadaian Citizenship at the time of filling the divorce. We’re not on talking terms and have severed all ties years ago. We got married April 2017 here in PH, he was on permanent resident visa during that time and has been living in Canada for a year. He only came back for the wedding and left a few weeks after. We never lived together and don’t have any children together. Can I get this divorce paper recognize? Or should I file for a legal separation or annulment? I also have a family of my own now and we wanted to legalize everything and for me to not bear my ex’s last name anymore. Reply
FCB Law on May 30, 2023 at 6:53 amIt would be very helpful to find out whether he became a Canadian before the divorce. Otherwise, an annulment (declaration of nullity) would be necessary. Reply
Ria on December 26, 2022 at 11:10 pmGood day po, may tatanong lang po, im here abroad po at naka student visa, may partner po ako na gusto ko kunin the problem is legally married sya at may document na naka indicate na married kailangan daw po palitan ano po kaya pede gawin Reply
FCB Law on December 27, 2022 at 9:46 amWe would need to know more about the situation to say whether a case for nullity of marriage is possible. Reply
Ruby on May 31, 2022 at 2:11 pmHi Atty, I am not living with my husband anymore for 11 to 12 years. We had a consensus agreement on the separation but we haven’t filed
any legal separation or annulment and we have no problems till now for 12 years. Now I will be getting a property and cash as an inheritance from my parents. Is this considered as conjugal property? If yes, what is the easiest and cheaper way to make sure my spouse will have no claim for it? Reply
Inheritance acquired during the existence of the marriage is generally not considered conjugal property. Reply
Roi Conchada on April 5, 2021 at 1:03 amGood day Atty! My Mother and my father have been separated for more than 16 years now, currently my Mother is France and my Father’s family lives here in the Philippines, Please can you kindly give me an advice as my Mom would want to file a legal separation? What are the informations and details or move we should do and kindly how much will it cost. Can my Mom file it in France? Is it possible as a Son I could file it here in Philippines for her? Thank you. Reply
Atty. Francesco Britanico on April 12, 2021 at 4:42 amShe would have to decide whether legal separation is the appropriate recourse. There are other options: https://lawyerphilippines.org/2018/05/23/3-ways-to-legally-separate-philippine-marriages/ Reply
workingmom on November 11, 2020 at 9:17 pmHow to file a legal separation? My husband and I are separated for 7 months. We are married for 16 years. He is abusive and alcoholic. He has mental health condition also. What should I do? Thank you. Reply
lawyerphilippinesadmin on November 17, 2020 at 8:27 pmLegal separation doesn’t end the marriage, it ends the property regime. Only annulment ends the marriage. Reply
redacted on June 2, 2020 at 7:08 pmHello atty.
I need some advice regarding to my wife affiar.
Since this marriage is not working anymore what legal action should i do?? Here’s the reason why.
Me and wife are married for 3years and i know that she has an affair and they have a baby. And then mere fact that they have adahil baby, i accepted it and take my name on his. My wife and her men are still seeing and communicating each other. I accepted it. And now i cannot take it anymore. Reply
I’m sorry about the situation. Send us an email at contact@lawyerphilippines.org and we will be happy to discuss your options if you wish. Reply
J on November 1, 2020 at 11:53 amHello atty.
I need some advice regarding to my status, I married early
Since this marriage is not working anymore what legal action should i do??
You may also see our other articles on the website such as this. If you’d like to speak directly to your situation, please fill out the form on our homepage at https://lawyerphilippines.org
Sheila on December 7, 2019 at 2:34 amHello Attorney, My husband and I separated (not legally) more than 10yrs ago, due to his continuous indidelity, no financial support for our kids and he also slapped me a couple of times. I raised our kids alone with not a single cent coming from him. Fast forward, my eldest is now a college graduate and the youngest is in nursing school. Since we separated, he had been living with his mistress in another place with their daughter. Can I still sue him for concubinage, as well as his mistress? By the way, I now have a partner of my own but we have no children. Reply
Atty. Francesco Britanico on December 7, 2019 at 6:40 amWithout being more familiar withe caae facts, it is difficult to say with certainty. In general, a wife may sue a husband for concubinage. A husband may akso sue a wife for adultery. The financial and emotional toll of these cases is considerable. Perhaps it may be best to consider simply obtaining an annulment to end the relationship and allow you both to be free. Reply
Shiro on November 11, 2019 at 9:10 pmgood day! me and my husband got married last 2012 then got separated 2yrs. after. we have no communication since then and my son, who is now 7yrs. old, have no support from him. currently, he already has a partner and a daughter. may i know if i can file legal separation for this? if yes, what are the requirements and the estimated cost for this? thank you. Reply
Atty. Francesco Britanico on November 12, 2019 at 1:08 pm Sent an email. Reply Lia on November 7, 2019 at 2:41 amHello po I hope you can help me with my concern. I got Married po nung 2016 my ex husband Abandoned us last dec 2017 nagkanegosyo sya dahil sakin at ayaw na makinabang ako so he left me and opur daughter no support until now po ayaw nya magsupport gusto ko nalang po maging null and void ang marriage namin para po maging malaya sa isat isa sya din po naunang nagkarelasyon sa iba mag 2 years na po kaming di nag uusap mother ko lang po nakakusap nya. Desidido po ako.
And gusto po sana din na malegally adapt ng partner ko yung anak namin magkano po aabutin ng process at posible po kaya yun basta po pumayag ang ama ng bata? Reply
Can I file for legal separation? My husband and I have been married for only four years, but he has not supported me financially, despite him being a regular private school teacher. I also working in the same school as a probationary teacher. My husband does not give me his salary, but demands that I do all necessary house chores, esp.for his benefit and convenience. Also, he demands that I spend my money to support him, esp.after he has used all his monthly salary for taekwondo and for the debt that he owes, after sending money to his son-out-of-wedlock with his live-in partner years before we met.
Him supporting his son is not a problem for me. The child (now grade 9 teenager) has a right to that. What offends me the most is that he chats with ‘walkers'(prostitutes), and I have read a number of texts that indicate he misses a few of them, meaning, he has slept with them. When I confronted him about those messages, he simply raised hell and cursed me and shouted violently, threatening to hurt me. In order to keep the peace, and so not to disturb the neighbours, I would just shut my mouth and endure the pain. There are times he has hurt me physically, pulling my hair, hitting my arms, shoving me down on the bed. Once, I reported the physical abuse to the barangay office. My husband begged forgiveness, promising not to repeat it. But each time we have an altercation at home, and he has no logical epxlanation for using up all his salary, he would always shout at and curse me, even when I am the one supporting him financially.
I cannot endure this senseless relationship anymore. It’s making me lose my reapect for him and for the sacrament that we have received together. I feel he had just married me so he could enjoy his vices (gadgets, prostitutes, and good food and services from me), knowing that being from a conservative family, I will do everything to keep our marriage intact. Thank you and God bless! Reply
Generally speaking, what’s the length of time required on a legal separation. I know costs vary but, looking into both annulment and separation based off abandonment of over 10 years. If you could provide me with a little information on both, I would greatly appreciate it. Girlfriend was married, then abandoned, and we’re looking at getting this taken care of immediately. Reply
Atty. Francesco Britancio on October 31, 2019 at 11:10 am Sent an email. Reply Norman on October 22, 2019 at 10:12 amGood morning, just wanted to get clarification that if you dropped or retracted a legal separation case against your spouse, would you need to have a reset or rescheduling of the hearing? Why should there be a reset of the hearing if the case was already dropped? Thank you. Reply
Atty. Francesco Britancio on October 24, 2019 at 1:27 pm Answered this. Reply Curious Joe on October 21, 2019 at 7:01 pmIs it considered “…moral pressure to compel the petitioner to change religious or political affiliation” if my partner is an anti-vaxxer? I am considering for legal separation (I am also willing to be the “guilty” party in this – her not vaccinating our children). I am also willing to pay monthly expenses for our children. I would like more details please. Thanks. Reply
Atty. Francesco Britancio on October 24, 2019 at 1:34 pm Sent an email. Reply alicia on October 19, 2019 at 5:06 pmHi attorney, I need advise my husband and I got separated when she went to Dubai from there he had met a married woman and now they have a child. me and my husband weren’t able to conceive for the last 12 years of marriage, now he wanted to part ways with me and blaming me for my fault. what should I do, should I let him go. now were leaving in a same house but he is not the same guy I married as he was keep on thinking of his son Reply
Atty. Francesco Britancio on October 21, 2019 at 1:45 pm I sent an email. Reply Cherie on October 12, 2019 at 9:31 amhi attorney, I’m here in Jeddah Saudi Arabia. I want to file legal separation. I found out that my husband has a mistress and he got her pregnant, she’s now in the Philippines with their 7 months old. I’m a battered housewife also. And just recently he was asked to resign from his job due to frequent abseentism and tardiness at work. Reply
Atty. Francesco Britancio on October 15, 2019 at 10:52 am Sent an email. Reply jay on September 18, 2019 at 10:15 amgood day! I got married in 2010 and we separated in the year 2011 we got no child and until now I got no news, information where she is. I just like to ask how much do I need to prepare to cost me filing legal separation or even annulment of our marriage? Reply
Atty. Francesco Britancio on September 23, 2019 at 4:04 pmThe cost differs per type of case and also depends on case facts. I sent you an email further explaining this. Reply
Roxanne on September 14, 2019 at 4:50 pmI’ve been separated from my husband for 8 years now and need some advice on how best to proceed with either legal separation or annulment. We have no communication since 2011 when my husband and his mistress live together. I am planning to loan in HDMF. Please advise me what legal should I do. Reply
Atty. Francesco Britancio on September 16, 2019 at 12:53 pm Sent an email. Reply Martin on September 2, 2019 at 5:08 pmI have been separated from my wife for 5 years now and need some advice on how best to proceed with either legal separation or annulment. There were many problems in the marriage and it lasted only 6 months. The final act was when she put a gun to my head and said she would shoot me. I decided at that point that it was time to leave.
I want to start a new life and relationship but I do not know where I stand legally with this. Please advise as best as you can. Reply
Hi. I need your help. My husband cheated on me in our own home last year. I caught him red-handed at home and even took photos and videos of them while asleep after a long night of inebriation. My husband was not wearing anything and the mistress was sleeping in her underwear. I also have other evidences. I filed for concubinage through regular filing, however, in a month decided to give an affidavit of dissidence, in the hope that he will change his immoral ways and prioritize at least being a father to my son. I even shared this decision with him after talking to him, to let him know I chose to forgive him as I want us to be still a family. But we never had any sexual contact since the cheating happened, as I cannot trust him anymore. However, instead of trying to change, he has become worse and now lives with a new mistress in his parent’s home, supported and condoned by his whole family. I now support my son and have been raising him on my own. No support comes from the father, and I refuse to receive any as I don’t ever want to see him again. We have not reconciled since. I am wondering if I could still file for legal separation, with infidelity as the same cause, since he now has a new mistress living with him. They are positively having sex as per my informants and living a scandalous life. I hope you can reply to me. Thank uou. Reply
Atty. Francesco Britancio on August 27, 2019 at 11:27 am Sent an email. Reply tara g. on July 24, 2019 at 3:36 pmHello Atty.
This issue is not mine but of my brother’s and his marriage. I know I don’t know much about their marriage, but I just wanna be able to get good legal advice on how to alleviate the miseries and emotional turmoil that my brother has been suffering for 6years now. Okay, to start my brother married a verbally abusive bitch,and my family has always been a bit distant from him ever since they got married. I often get news about their endless fights and arguments, and it seems that my brother js easily manipulated and therefore always takes in her bad behaviour. They have a son, but always have this bickering fights sparked by insecurities and jealousy, which later also resulted to my brother cheating on his wife. Yes, my brother did a bad thing which only made their marriage worst because his wife became more evil.and vengeful and abusive to the point of humiliating and demeaning my brother, destroying even his reputation and punishing him. My brother went on with the woman he cheated his wife with, and although his wife of course broke up with him, it didnt stop her from harassing my brother and contacting the mistress, but when my brother out of too much stress, gave in and decided fo reconcile and get back with his wife, she refused and said she no longer want my brother because he cheated on her but she wont stop bothering him and inteferring with my brother’s succeeding relationships. for a year my brother tried to get back with her, taking all the abuse in and all thr condemnation and manipulation just to earn her forgiveness, but he finally stopped chasing her when he found out she already have a relationship with another man…like as a revenge. So my brother went on with his life and got involves with another woman again, but then the wife(ex) shows up everytime and causw conflict, calling the new girlfriends mistressess and that my brother must be punished and not allowed to be happy. she also makes a fuss about him supporting their son which he also do whole heartedly, but he is only a tricycle driver and doesnt make much,all the more that the ex wife feels powerful over him. one time, my brother met another woman and verey serious this time, so as usual the ex wife again made scandalous fights embarassing the new girl as being the mistress and threatening my brother for legal cases because it seems she knows the relationship is a bit serious and my brother might really move in with this woman. So my brother approached the barangay captain and asked for assistance that maybe they can sign a paper and agree that they allow each other to live life peacefully…but for the last 3years, the wife would agree and my brother would send her money to come to the place where my brother is but never showed in the barangay hearings. four times my brother sent money but she never showed her face, but never stopped text-harassing my brother everytime she hears that my brother is seeing a woman…
Now the question is, what can my brother do?is there an end to his misery?It seems thst most of her(ex wife) threats are just manipulation and power tripping like what a narcissist would do to kill a person’s self-esteem. Is there a legal way of resolving this that is not so costly. And is there an immediate legal solution to this, because my brother already attempted suicide. He lives in a very laid back island living a very simple life..the ex wife works in another city but is always having eyes and ears for my brother so that his every move is monitored. Do you think this woman is a bit of a psycho?If he doesnt want my brother anymore, why continue to pester him and not just move on? it has been years since they got separated. Please your advice is highly appreciated. Reply
Hi: If your brother wishes to end the marriage legally and they are both Filipinos, they must go through Annulment. There is no other way to end a marriage. Reply
Benedict on July 4, 2019 at 4:32 pmI found my wife has been cheating through text. Is a picture of the text message on her phone (which i have access and know the unlock code) enough proof for charging Infidelity as basis for the legal separation case, or can this proof be taken against me as invasion of privacy. Reply
Lawyers in the Philippines on July 4, 2019 at 5:12 pm Sent an email. Reply Mrs. Dilemma on July 28, 2019 at 3:43 pmI have the same question. Can screenshots of text messages between my husband and his mistress be proof in courts of infidelity? What are other proofs needed to sue for adultery? My husband’s affair with a married woman has been going on for at least 13 years. We used to live abroad and he’s been back in the Philippines with a business for 18 years. Thanks.
Lawyers in the Philippines on July 29, 2019 at 10:23 am Sent an email. Archie on May 13, 2019 at 12:59 amIm an OFW and my wife cheated on me while i was working abroad. I went back for vacation to personally talk to her if we can still save the marriage but she was certain that it cannot be saved anymore. Im outside of the country at the moment and i want to ask what’s the process of legal separation since divorce is too costly. We dont have kids. And as for the properties, we already agreed she take all the things i’ve given already.
Thanks in advance for replying Reply
Hi Attorney! My husband had/has a gambling addiction. I really don’t know if he stopped already. It will take years for him to pay all those people he has indebted to because of gambling. I want to file for annulment but I don’t have any funds for it since he also took my savings. Can I file for a legal separation instead? Reply
Lawyers in the Philippines on June 17, 2019 at 3:59 pmLegal separation can be just as expensive as annulment. It depends on the case facts. Can you save up for it? Given your husband’s gambling addition, it may be best for you and any property that you have or hope to buy if you end the marriage.
Marcus on May 4, 2019 at 1:19 pmMy wife left me and wants to file for legal separation, for months before she left we were doing ok. Before i had physically abused her but we kept it a secret, we forgave each other. I do not want to lose her, and i want her to come back. Is there any law that would allow her to file and win a legal separation without me agreeing to it? Thank you so much. Reply
Lawyers in the Philippines on May 5, 2019 at 9:59 amHi Marcus: You can contest what she files. But if an annulment is denied by the court, it is likely that it cannot be availed of again. This means that should you one day wish to end the marriage and remarry, you would not be able to do so after a denial. Reply
Blessed on April 26, 2019 at 12:19 pmHi Attorney, I need your advice. Me and my ex-husband is separated since 2012, we do have communication since we have a daughter. The reason of our separation was repetitive of having a third party (or so called Kabit) and the worse part is he introduced my daughter to her mistress when my I am working in abroad. I don’t have any news if my ex-husband and his mistress are still together since last 2017. I want to file my annulment as soonest, but I don’t have that much saving and it its too expensive for me (Annulment fees Php200k). Honestly speaking, I have my own file together with my new partner and we want to get married as soon as my annulment was done. Hoping you can give me an advice especially if you knew the fastest and cheapest way on how to file an annulment Reply
Lawyers in the Philippines on April 26, 2019 at 12:57 pm Sent you an email. Reply Azir on April 23, 2019 at 9:12 pmDear Atty, My husband and I are separated for 6 months now. We still leave on the same roof but with different rooms already. We are civil with each other but we rarely talk. I decided to separate from him because I fall out of love. I am emotionally battered. He never accepted my first child even from the start of our marriage we always fought about it because he doesn’t want me to be with my kid and because of that we keep it as a secret to everyone around us. During the death of my father he does not allow me to stay at his wake and during the time that my mother is having her last breath he never accompany me to be with her. From then on I still tried to hold on to our family until I saw on his phone that she is texting another girl. The last draw that makes me get out of the relationship is when he gets mad with my son for going to our house. Now I wanted to acquire some properties but I don’t want him to have anything to do with it. I also wanted to file for annulment? What shall I do? What is the fastest way to do that? Reply
Lawyers in the Philippines on April 24, 2019 at 10:24 am Sent an email. Reply Babelyn on April 22, 2019 at 2:15 pmHi, Good day Atty., Me and my husband have no proper communications for almost a year. We’re married for 2 years only, I don’t know how to explain it, but living with him has no direction. We have 1 child, a boy currently in his custody. I have a feelings he had already having relationship with other girls. And during our relationship, i found out also he has multiple girls. I ask him to have legal separation but he don’t want, I never receive any monetary for me and my kids before. Whats the best thing I can do, I want to end our marriage, but its very costly, is it really 200K above? Need some advise Atty. Thank you so much! Reply
Lawyers in the Philippines on April 22, 2019 at 3:33 pm Sent an email. Reply Carlo on April 14, 2019 at 11:34 pmGood day!
My wife and I are not living together and has no communication for more than a year. How can i file for legal separation? I do not want to deny her freedom and mine so I am very interested in doing this process. Thank you. Reply
