What Are the Grounds for Legal Separation?

Article 55 says a petition for legal separation may be filed on any of these grounds:

1. Repeated physical violence or grossly abusive conduct against the petitioner, a common child, or a child of the petitioner.
2. Physical violence or moral pressure to force the petitioner to change religious or political affiliation.
3. An attempt by the respondent to corrupt or induce the petitioner, a common child or a child of the petitioner to engage in prostitution, or connivance in it.
4. A final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.
5. Drug addiction or habitual alcoholism of the respondent.
6. Lesbianism or homosexuality of the respondent.
7. A later bigamous marriage by the respondent, in the Philippines or abroad.
8. Sexual infidelity or perversion.
9. An attempt by the respondent against the life of the petitioner.
10. Abandonment of the petitioner by the respondent without justifiable cause for more than one year.

The article adds that "child" includes a child by nature or by adoption.

Unlike the grounds for annulment, these can arise at any time during the marriage. That is why infidelity and abandonment appear here and not in Article 45. See What are the grounds for annulment?

Article 56 lists six situations in which the petition "shall be denied":

The others are: connivance between the spouses in the act that is the ground; both spouses having given grounds for legal separation; collusion to obtain the decree; and prescription, meaning the deadline has passed.

The five years run from when the cause happened, under Article 57.

Article 58 says a legal separation case "shall in no case be tried before six months shall have elapsed since the filing of the petition." Article 59 adds that the court must first take steps to reconcile the spouses and be fully satisfied that reconciliation is highly improbable. Like annulment cases, the decree cannot rest on a stipulation of facts or a confession of judgment, and a prosecutor takes part to prevent collusion (Article 60).

Article 63 lists four effects:

• You live apart, but you stay married. The spouses may live separately, "but the marriage bonds shall not be severed." Neither can remarry. See Can I remarry after an annulment or legal separation?
• Property is divided. The absolute community or conjugal partnership is dissolved and liquidated. The offending spouse has no right to any share of the net profits.
• Children. Custody of minor children goes to the innocent spouse, subject to Article 213, which says no child under seven shall be separated from the mother unless the court finds compelling reasons.
• Inheritance. The offending spouse cannot inherit from the innocent spouse by intestate succession, and provisions for the offending spouse in the innocent spouse's will are revoked by law.

Article 64 also lets the innocent spouse revoke donations to the offending spouse and the offending spouse's designation as insurance beneficiary. The action to revoke a donation must be brought within five years after the decree becomes final.

Yes. Article 65 says:

Under Article 66, a pending case then ends, and a final decree is set aside. But the separation of property and any forfeiture already made remain, unless the spouses agree under oath to revive their former property regime (Article 67).

No. Repeated physical violence is a ground for legal separation (Article 55(1)), but legal separation is a Family Code case about the marriage and property. Republic Act No. 9262 (the Anti-Violence Against Women and Their Children Act) is a separate law with its own remedies. A person may have reasons to look into both. See How to file a VAWC case.

These are made-up examples to show how the rule works. They are not advice for any real case.

Gina's husband has hit her many times. She can file for legal separation on the ground of repeated physical violence (Article 55(1)) within five years. If the decree is granted, they live apart and their property is divided, but they stay married (Article 63(1)).

Ivan's wife left their home in Batangas more than one year ago without any good reason and has not come back. That fits abandonment under Article 55(10).

Joan found out about her husband's affair, forgave him, and they kept living together. If she later files on the ground of infidelity, the court must deny the petition if it finds she condoned the act (Article 56(1)).

Legal separation is a court case with a deadline, a waiting period and effects on property, custody and inheritance. A lawyer can tell you whether your facts fit a ground, whether a defense under Article 56 may apply, and whether a different case, such as nullity, annulment or a VAWC complaint, fits your situation.

If you cannot afford a lawyer, see Free legal help in the Philippines. For a side-by-side view, see Annulment vs legal separation and the glossary entry on legal separation.