Since there is no divorce in the Philippines and annulment is a separation with the grounds that must be existing on the day of the celebration of the marriage, many people opt to use legal separation as the last resort to be separated from their spouses.
It is important to note that while legal separation may allow you to separate your possessions and live separately, it does not end the marital union between spouses. Therefore, legal separation cannot be used to remarry.
Here are some grounds for Legal Separation:
1. Repeated physical violence or grossly abusive conduct directed against the spouse, a common child, or a child of the spouse.
2. Physical violence or moral pressure to compel the spouse to change religious or political affiliations.
3. The attempt of the spouse respondent to corrupt or induce spouse, a common child, or child of the spouse to engage in prostitution or connivance in such corrupt or inducement.
4. Final judgement sentencing spouse respondent to the imprisonment of more than 6 years even if pardoned.
5. Drug addiction or habitual alcoholism.
6. Lesbianism or homosexuality of the spouse respondent.
7. Contracting by spouse respondent of a subsequent bigamous marriage.
8. Sexual infidelity or perversion.
Sexual act with another person is a ground for legal separation.
9. Attempt on the life of the spouse petitioner.
10. Spouse petitioner is abandoned by spouse respondent without justifiable cause for more than one year.
Abandonment does not only mean physical abandonment but also financial and moral. (Dela Cruz v. Dela Cruz)
Remember: Death of the other spouse automatically dissolves the marriage. You can remarry 301 days from the death of the spouse, marriage during the 301 days can constitute criminal liability.
References: Family Code of the Philippines and Supreme Court Reports Annotated
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