Annulment

In the Philippines, there is no divorce (except for Muslims), so you must file for a Petition for Declaration of Nullity of Marriage or Annulment. Based on the Family Code of the Philippines and current legal standards in 2026, here is the roadmap for your situation in Zamboanga City.

1. Grounds for Filing
Separation for 6 years is not a ground for annulment on its own. The most common ground used in the Philippines is Psychological Incapacity (Article 36).

This means proving that your spouse is incapable of fulfilling essential marital obligations (like support, fidelity, or living together) due to a psychological condition that existed even before the wedding.

Other grounds include fraud, lack of parental consent (if under 21 at the time of marriage), or force/intimidation.

2. Filing for Full Custody
You can include a prayer for Sole Custody within your Petition for Annulment.

Tender Years Doctrine: If your children are under 7 years old, the law strongly presumes they should stay with the mother unless you are proven unfit (for example, drug use, neglect).

Best Interest of the Child: For children 7 or older, the court evaluates who can provide better moral, emotional, and financial stability. Since you have been separated for 6 years and likely have primary care, you have a strong case for permanent custody.

Visitation: Even if you get full custody, the father usually retains Visitation Rights unless his presence is a threat to the children.

3. Changing Children’s Last Name
Changing a child's surname from the father's to the mother's is not automatic after an annulment.

Legitimate vs. Illegitimate: Even after annulment, children born during the marriage remain legitimate and are legally required to use the father's surname.

The Process: You would need to file a separate Petition for Change of Name under Rule 103 of the Rules of Court.

The Compelling Reason Rule: Courts are very strict. You must prove a compelling reason, such as the father's total abandonment, lack of support, or that the name causes the child shame or confusion. Mere preference to use your name is usually not enough.

4. Estimated Cost (Zamboanga City / National Average)
Annulment is a judicial process and can be expensive. In 2026, the estimated breakdown is:

Expense Item — Estimated Cost PHP
Attorney’s Fees (Acceptance + Appearance) ₱150,000 – ₱400,000
Psychological Evaluation/Expert Witness ₱30,000 – ₱70,000
Filing & Docket Fees ₱5,000 – ₱10,000
Publication Fees (If the husband’s address is unknown) ₱15,000 – ₱30,000
Miscellaneous (Stenographer, Transcripts, etc.) ₱10,000 – ₱20,000
Total Estimated Range ₱210,000 – ₱530,000+

Note: Costs vary depending on the lawyer's experience and whether the case is contested.

5. Step-by-Step Procedure
1. Consult a Lawyer: You need an expert in Family Law to draft the Petition.
2. Psychological Evaluation: You will likely be interviewed by a psychologist to establish the grounds.
3. Filing in Court: The petition is filed in the Regional Trial Court (RTC) - Family Court of Zamboanga City (or where you have lived for the last 6 months).
4. Collusion Investigation: A prosecutor will check if you and your husband are just pretending to have a conflict to get a fast divorce (which is illegal).
5. Pre-Trial and Trial: Presentation of evidence and witnesses.
6. Decision and Registration: Once granted, the decree must be registered with the Local Civil Registrar and the PSA.