Dear Attorney,
I am a Filipino citizen living abroad, and my spouse and I have been separated for two years. We agreed to pursue legal separation, but I am currently outside the Philippines. Is it possible to file for legal separation while I am abroad? Thank you for your guidance.
Insights
Legal separation is a legal process in the Philippines that allows married couples to live apart while remaining married. Unlike annulment, legal separation does not dissolve the marriage bond but provides for the separation of property, child custody, and spousal support.
Under the Family Code of the Philippines, one can file for legal separation based on specific grounds, such as infidelity, which is a common reason. The grounds for legal separation include repeated physical violence, moral pressure, abandonment, drug addiction, habitual drunkenness, homosexuality, and infidelity, among others. In this case, the issue of infidelity could be a valid ground.
Regarding the process, it is essential to note that a petition for legal separation must be filed in the Family Court. Being abroad does not bar you from pursuing legal separation. You may appoint a legal representative (attorney-in-fact) through a Special Power of Attorney (SPA) to handle the filing of your petition in the Philippines. Your presence may be required for certain hearings or if the court deems it necessary, but your lawyer can assist in managing much of the process in your absence.
It is crucial to comply with legal formalities, including efforts towards reconciliation, which the court may require. The court may also assign custody and support matters regarding your child and divide any marital property accordingly.