Dear Attorney,

I have been separated from my spouse for 25 years, and I wish to regain my singleness. Could you please guide me on the necessary legal steps to achieve this?

Sincerely,
A Separated Individual Seeking Clarity

Insights

Restoring your singleness after such a long period of separation is a common concern, and it primarily involves the legal process of annulment or a declaration of nullity of marriage in the Philippines. In the Philippines, there is no such thing as a "divorce" that automatically dissolves a marriage, so the only legal way to declare a marriage void or null is through court proceedings.

Annulment is the process of declaring a marriage void from the beginning, as if it never existed. Grounds for annulment under the Family Code of the Philippines include:

Lack of parental consent (for those who married below 21 years old without parental consent)
Psychological incapacity to comply with the essential marital obligations
Fraud, force, intimidation, or undue influence that led to the marriage
Impotency
STD contracted before the marriage and not disclosed

Declaration of Nullity of Marriage is for marriages that are void from the beginning. Grounds for nullity include:

Bigamous or polygamous marriages
Mistake in identity
Marriages contracted by minors below 18 years old, even with consent
Marriages performed without a marriage license, unless exempted
Marriages where one or both parties were psychologically incapacitated

To initiate either process, you must file a petition with the Family Court. The petition should include all relevant details and evidence supporting your claim for annulment or nullity. The court will then schedule a hearing, during which both parties can present their case. The process may involve psychological evaluations, witness testimonies, and documentary evidence.

The duration and complexity of the case depend on various factors, including the ground for annulment or nullity and the cooperation of both parties. Legal representation is crucial, as a lawyer can help you navigate the complexities of family law, gather necessary evidence, and present a strong case.

Once the court issues a decision, and if it is in your favor, the marriage is declared void, and you will regain your legal singleness. The decision must be registered with the local civil registrar and the Philippine Statistics Authority for it to take effect.

It is also important to note that obtaining an annulment or declaration of nullity is a significant legal step, and the court does not take these decisions lightly. Therefore, having a well-prepared case, with the assistance of a competent lawyer, is essential to achieving the outcome you desire.

Before proceeding, consult with a legal expert to explore the best course of action based on the specifics of your situation.