Divorce in the Philippines?

There is no law allowing divorce in the Philippines, yet annulment and legal separation are
allowed. A divorce is a legal dissolution of marriage or the ending of a valid marriage between a man
and a woman returning both parties to single status with the ability to remarry. An annulment is a legal
procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is
completely erased. (L)legally it declares that the marriage never technically existed and was never valid.
Legal separation on the other hand is an arrangement by which a couple remain married but live apart
following a court order; it is an action taken by one spouse who believes that the marriage has no more
hope of working.

An annulment case can be initiated by either the husband or the wife in the marriage. The party
initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the
marriage will be considered null and void by the court. The following are the is a list of common grounds
for annulment : Bigamy; Forced Consent; Fraud; Marriage Prohibited By Law Mental Illness; Mental
Incapacity; Inability to Consummate Marriage; and Underage Marriage.

In filing a legal separation, following are the lists of common grounds: Repeated physical
violence or grossly abusive conduct against the petitioner, a common child, or a child of the petitioner;
Repeated 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 a prostitution, or connivance in such corruption or inducement; Final judgement 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 Philippines or abroad; Sexual infidelity
or perversion; Attempt by the respondent against the life of a petitioner; and Abandonment of the
petitioner by respondent without justifiable cause for more than one year.

In other countries, depending on your state of residence, a divorce can be much more
complicated than an annulment. Like annulment cases, each state has its own set of laws regarding
divorce. In most divorce cases, marital assets are divided and debts are settled. If the marriage has
produced children, a divorce proceeding determines custody of the children, visitation rights and
spousal and child support issues.

Each state can have either a no-fault divorce or a fault divorce. A no-fault divorce allows the
dissolution of a legal marriage with neither spouse being named the "guilty party" or the cause for the
marital break-up. Many states now offer the "no-fault" divorce option. In the absence of a "guilty party,"
some states require a waiting period of a legal separation before a no-fault divorce can take place. For
this reason, in addition to cases where one spouse wishes to assign blame, some parties seek to
expedite the legal process by pursuing a traditional, "fault" divorce.
 A "fault" divorce is only granted when one spouse can prove adequate grounds. Like an
annulment, these grounds vary from state to state, however, there are some overarching
commonalities. These guidelines often include addition to drugs, alcohol or gambling, incurable mental
illness, and conviction of a crime. The major grounds for divorce that apply in every state are
listed below: Adultery; Desertion; and Physical/Emotional Abuse. Your state law and particular situation
will determine whether or not your annulment or divorce will be simple or complex. Familiarizing
yourself with the laws for your particular state is the best way to learn what your rights are in the case
of a marital dissolution and help you determine whether an annulment vs. divorce is right for you.

Being in a conservative family who values marriage the most, I belong to those who support a
no divorce family law in the Philippines. However, (through) social interaction with friends and co-
workers, I openly witness the true family situation that others have. Putting myself in their position, I’m
(now) having a second thought of the no divorce policy in the Philippines. Do the family stick with each
other if there are no love and respect? How about those who are physically and mentally abused? Isn’t
ironic that the Philippines has no divorce law yet a lot of family(families) now are literally a broken one?
Though annulment is allowed, not everyone can go to process because of the financial issue; as the poor
people says, (“)the law in the Philippines is only convenient to those who can afford it(”).