Guide on How to File Legal Separation

All of us want to have a happy family but you’ll never know what will happen. Some of us have a happy ending just like in fairy tales but unfortunately, some didn’t end up that way. Good thing for those unlucky to have a happy ending, Annulment and Legal Separation is already legal in the Philippines which means you can now end your marriage or be legally separated from your partner. If you wanted to know how to File Legal Separation, here’s how.

File Legal Separation

Accepted Reasons When Filing a petition for Legal Separation:

  • Physical Violence or Abusive Conduct against you and your children that occur many times
  • Drug addiction or Alcohol addiction
  • Lesbianism or Homosexuality
  • Moral Pressure that force you to change your political or religious affiliation.
  • If your partner, engage you or your child in prostitution or corruption
  • Sentencing your spouse to the imprisonment of more than six years
  • Bigamous marriage
  • Attempt to kill you
  • Perversion or Sexual Infidelity
  • Psychological Incapacity
  • Abandonment for more than 1 year without valid reason

Steps on How to File Legal Separation:

  1. You must hire a lawyer
  2. Once you already hired a lawyer, your lawyer must draft the petition to the court.

The petion that will be submitted to the court must have these information:

  • Information of your common child such as name and age
  • Allegation of the complete facts constituting your cause of action
  • The proof governing your properties and creditors
  • It may also contain information about agreed temporary spousal support or custody
  • ***Take note: The petition must be filed in court with six copies. To provide a copy thereof to the City or Provincial Prosecutor and to the creditors, if any, within five days from its filing in court and submitting the proof of service within the same period.
  • ***Failure to provide all needed requirements may lead to the dismissal of your petition

3. Once your lawyer filed the petition, the Clerk of the court will raffle the case and issue the summons.

4. Once the summon has been issued, you will attend pre-trial proceedings. *Make sure to attend the pre-trial because failure to do so may lead to dismissal of your petition.

5. Go to the actual trial. In this part, it ia impoetant to present all your witnesses and evidence.

6. Wait for the Final Judgement


Sexual Intercourse once you founs out the infidelity of your spouse will be ground for the denial of your petition

Helpful Article:
How to Get an Affidavit of Loss

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