Furthermore, my Lawyer has discussed with me also about the terms of Legal Separation. He told me that Legal Separation does not dissolve your marriage. Marriage is not defective and therefore considered valid. The Prosecuting Attorney is still mandated to stand guard to avoid connivance between the parties and to prevent that the evidence is not fabricated or suppressed. You cannot remarry even after the decree of legal separation has been granted.
He said that there are ten (10) grounds for Legal Separation. The predominant spousal conduct required in legal separation cases is either criminal in nature or deviant behavior. These are as follows:
1. Repeated physical violence or grossly abusive conduct.
2. Physical violence or moral pressure to compel the other spouse to change religious or political affiliation.
3. Attempt to corrupt or induce engagement in prostitution.
4. Final judgment of conviction in a criminal case.
5. Drug addiction and alcoholism.
6. Lesbianism and homosexuality.
7. Bigamy.
8. Sexual infidelity or perversion.
9. Attempt against the life of the other spouse.
10. Abandonment for over one year (Article 55, Family Code).
The prescription period for actions for Legal Separation is five (5) years from the time of the occurrence of the cause (Article 57, Family Code). Some of the grounds for legal separation are acts or conduct that could be used to form the basis of “psychological incapacity” in actions for the declaration of nullity of marriage (Article 36, Family Code).
Legal Separation is not for everyone because only the offended (innocent) spouse may file and win it. The offending (guilty) spouse is barred from filing it. Recrimination or when both parties are in pari delicto (equally guilty), pardon or consent from the offended spouse, prescription, collusion and unclean hands are effective defenses in legal separation (Article 56, Family Code). If both parties are offenders, legal separation will not be granted.
Legal Separation is unlike the action for the declaration of nullity of marriage based on psychological incapacity (Article 36) where relief will still be granted even if both parties are found to be psychologically incapacitated.
That would be one of the area under discussion about the Legal Separation which my Lawyer have required me to be acquainted with.
.. and a lot more to utter…
…….till next issue.
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