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legal separation

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1 legal separation on Fri Jun 29, 2012 3:35 am

vince111


Arresto Menor
ano po ba ang legal separation?ano po ang mga grounds nito? salamat po...

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2 Re: legal separation on Fri Jun 29, 2012 10:24 am

attyjoyce


Reclusion Perpetua
Hi vince111.

Legal separation only means that you and your spouse can live separately from each other, but your marriage still subsists. So none of you is allowed to enter into another contract of marriage with another person.

According to the family code, here are the grounds for legal separation:

ARTICLE 55. A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) 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) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8 ) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

For more free legal information about legal separation, please visit www.domingo-law.com

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3 Re: legal separation on Fri Jun 29, 2012 1:05 pm

vince111


Arresto Menor
follow up question po.............
atty..magkano po ba ang magagastos sa legal separation,pano po ang proseso?kung nasa abrod ung babae at nasa isabela naman ung lalaki?

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4 Re: legal separation on Fri Jun 29, 2012 1:28 pm

attyjoyce


Reclusion Perpetua

The cost will depend on the acceptance and service fee of the lawyer whose services you will engage.

You have to file your petition in the RTC of the Isabela, or wherever you may be residing for at least six months. Then notice must be given to the spouse who is oustide the country, it may be thru personal service, or thru registered mail. So long as the other party is given proper notice, case may proceed.

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5 Re: legal separation on Sat Jun 30, 2012 7:27 pm

concepab


Reclusion Perpetua
attyjoyce wrote:Hi vince111.

Legal separation only means that you and your spouse can live separately from each other, but your marriage still subsists. So none of you is allowed to enter into another contract of marriage with another person.

According to the family code, here are the grounds for legal separation:

ARTICLE 55. A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) 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) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8 ) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

For more free legal information about legal separation, please visit www.domingo-law.com

Attyjoyce, just a curious question and also to inform all readers. In case that legal separation was granted. Can any of them enter into another relationship without worrying any legal problem?

we all know that in legal separation non are allowed to get wed again, but how about live-in partner?



Last edited by concepab on Sat Jun 30, 2012 7:30 pm; edited 1 time in total (Reason for editing : additional question)

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6 Re: legal separation Today at 12:38 pm

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