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Can I get a divorce? I have been separated for 7years
Posted Mon, Oct 2, 2023 8:56 AM
There's no divorce in the Philippines. Only annulment.
Posted Mon, Oct 2, 2023 10:07 AM
We currently have no law on divorce. You may instead consider a case for annulment or declaration of nullity of marriage. Such case is filed at the Regional Trial Court of the place of your residence or that of your spouse. The ground usually used as basis for this case is Psychological Incapacity under Article 36 of the Philippine Family Code. It means the failure to understand and comply with the essential marital obligations of living together and observing mutual love, respect and fidelity owing to a psychological cause. The manifestations of psychological incapacity range from sexual abuse or infidelity, physical or psychological abuse, sexual perversion, homosexuality, abandonment, refusal to give support, refusal to cohabit, drug addiction, alcoholism, excessive jealousy and extreme indolence or laziness.
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