Legal Separation

Legal separation is merely the separation of spouses from bed and board. (Article 63 of the
Family Code) While it permits the partial suspension of marital relations, the marriage bond
still exists as the marital bonds are not severed as in the case of annulment or petition for
nullity.

The grounds for legal separation are:

 Repeated physical violence or grossly abusive conduct directed against the petitioner, a common
child, or a child of the petitioner;
 Physical violence or moral pressure to compel the petitioner to change religious or political
affiliation;
 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;
 Final judgment sentencing the respondent to imprisonment of more than six years, even if
pardoned;
 Drug addiction or habitual alcoholism of the respondent;
 Lesbianism or homosexuality of the respondent;
 Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippine or
abroad;
 Sexual infidelity or perversion;
 Attempt by the respondent against the life of the petitioner; or
 Abandonment of petitioner by respondent without justifiable cause for more than one
year. (Article 55 of the Family Code of the Philippines)

The grounds for annulment of marriage are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was
eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents,
guardian or person having substitute parental authority. The Petition of Annulment must be filed within
five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the
other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can
no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But
if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing
of a Petition.

3. Fraud. That the consent of either party was obtained by fraud, unless such party once having
knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed
within five (5) of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except
when the same has ceased and the party filing the petition freely cohabited with the other as husband
and wife. The injured party must file within five (5) years from the point in time the force, intimidation
or undue influence disappeared or came to an end.
5. One or the other party was physically incapable of consummating the marriage, and such
incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed
within five (5) years after the marriage.

6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD)
found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition
of Annulment must be filed within five (5) years after the marriage.

Grounds for divorce

Cruel and inhuman treatment constitute as grounds for divorce.[2] In a proper defense, acceptable
differences enable the defendant to have the ability to arrange grounds for divorce.[3]

Some examples for grounds for divorce are:

Sexual harassment

Attendant circumstance

Adultery[3]

Alcoholism[3]

Disability[3]

Desertion[3]

Imprisonment[3]

Domestic violence[3] (Including physical, sexual, or mental abuse of the other spouse and/or the
child/children of the couple.)

The spouse that is responsible for committing these allegations is required to confirm the correct date
and place that the allegations were committed.[3] The reason for the spouse to confirm the allegations
is to show proof that the allegations have taken place in the same state.[3] The state then has to have
the authority to administer justice by hearing and determining the controversies.[3] Different states
accept different grounds for divorce.[3] For example, some states only accept no-fault divorce where
other states accept both fault and no-fault grounds for divorce.[3]