Article 58 of the Family Code: Six-month cooling-off period
Status: In force
What does Article 58 say?
An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition.
What does it mean in plain language?
Article 58 says a legal separation case cannot be tried before six months have passed since the petition was filed. This waiting time is often called a cooling-off period. The spouses may still reconcile during the case (Article 65), and Article 59 adds that the court may not decree legal separation unless it has taken steps toward reconciliation and is fully satisfied that reconciliation is highly improbable.
The six months are not a deadline to file. They start only after the petition is filed. The deadline to file is in Article 57: five years from the occurrence of the cause.
The rule applies "in no case": no exception is written in the article. It covers only legal separation, not annulment or a declaration of nullity.
How does it work in real life?
Owen and Kaye: no trial in the first months
Owen files a petition for legal separation in January. The court cannot try the case until six months have elapsed since the filing, so not before July. During that time, Owen and Kaye are entitled to live separately (Article 61).
Jenny and Mark: reconciled before trial
Jenny files for legal separation. Four months later, she and Mark decide to give the marriage another chance. They sign and file a joint manifestation under oath in the same case (Article 65). Under Article 66, the proceedings are terminated.
Aldo and Pia: an annulment, not a legal separation
Aldo files for annulment on the ground of fraud under Article 45. Article 58 does not apply, because it covers only actions for legal separation.
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Legal separation does not end the marriage. Even after a decree, the spouses may not remarry, because the marriage bonds are not severed (Article 63(1)).
- No decree may rest on a stipulation of facts or a confession of judgment, and the prosecutor takes steps to prevent collusion (Article 60).
- The grounds are in Article 55; the five-year filing deadline is in Article 57.
- For what affects the length of these cases, see how long does an annulment take?. For the grounds, see what are the grounds for legal separation?.
How long is the waiting period before a legal separation trial?
Six months from the filing of the petition. This is the full text:
An action for legal separation shall in no case be tried before six months shall have elapsed since the filing of the petition.
Article 58 says when the trial may start. It does not say how long the whole case will take. The Family Code sets no total length for a legal separation case, and this page gives none.
What must the court do about reconciliation?
Article 59 makes reconciliation a condition before any decree:
No legal separation may be decreed unless the Court has taken steps toward the reconciliation of the spouses and is fully satisfied, despite such efforts, that reconciliation is highly improbable.
So two things are needed: the court must have taken steps toward reconciliation, and it must be fully satisfied that reconciliation is highly improbable. The Family Code does not list the specific steps.
What happens during the six months?
The case is pending, and other rules of the Family Code apply:
- Living apart. After the petition is filed, the spouses are entitled to live separately (Article 61).
- Property. If there is no written agreement, the court designates either spouse or a third person to administer the absolute community or conjugal partnership property (Article 61).
- Support and custody. The rules of Article 49 apply to the support of the spouses and the custody and support of the common children (Article 62).
- Reconciliation. If the spouses reconcile, they file a joint manifestation under oath in the same proceeding (Article 65), and the pending proceedings end at whatever stage they are in (Article 66).
Frequently asked questions
What is the cooling-off period in legal separation?
It is the six months after the petition is filed. Article 58 says an action for legal separation shall in no case be tried before six months have elapsed since the filing of the petition.
Does the six-month period apply to annulment?
No. Article 58 speaks only of an action for legal separation. Annulment and nullity cases follow their own rules, such as Article 48 on the prosecutor's role.
What does the court do toward reconciliation?
Article 59 says no legal separation may be decreed unless the court has taken steps toward the reconciliation of the spouses and is fully satisfied that reconciliation is highly improbable. The article does not list the specific steps.
Can we live apart during the six months?
Yes. Article 61 says that after the filing of the petition, the spouses are entitled to live separately from each other.
What if we reconcile during the case?
The spouses file a joint manifestation under oath in the same proceeding (Article 65). The legal separation proceedings, if still pending, are then terminated at whatever stage (Article 66).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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