legal advice please...[details about legal separation]?

Question

i am now separated with my husband,and since annulment is expensive i am considering of atleast legal separation..how will i do that and how much it cost?is there any ground needed as to if it will be granted?thank you

ok i'm from Philippines and my husband[ex] is a filipino too..we separated[physically for about almost a year but even before that we already tried to effortly do everything to save it but still the only good remedy is separation...the main reason is unreconcilable differences..is that a qualified ground for filing a legal separation?

Answer 1

How much it will cost would depend on the lawyer, but generally it would be cheaper than annulment based on psychological incapacity because you wouldn't need a doctor to examine you and your husband. Annulment based on grounds other than psychological incapacity will also be relatively cheaper.

The provisions of law providing the grounds for legal separation are as follows:


Art. 55. A petition for legal separation may be filed on any of the following grounds:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

For purposes of this Article, the term "child" shall include a child by nature or by adoption. (9a)

Art. 56. The petition for legal separation shall be denied on any of the following grounds:

(1) Where the aggrieved party has condoned the offense or act complained of;

(2) Where the aggrieved party has consented to the commission of the offense or act complained of;

(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;

(4) Where both parties have given ground for legal separation;

(5) Where there is collusion between the parties to obtain decree of legal separation; or

(6) Where the action is barred by prescription. (100a)

Answer 2

Hello, below is a (top link) link that speaks in detail about the difference in legal seperation, divorce, and annulment; but you will also find some information specifically on legal seperation.

Depending on what state you live in, you will have to find out what laws the particular state you live says concerning your situation. The (second llink) link below is a website that contains various states in the US and all you have to do is click the state you live in to obtain the forms that you need for that state and it will also give you information as far legal seperation is concerned.

Hope this helps
Good luck

Answer 3

legal seperation is still considered married to each other. It would cost you more in the long run. You cann't marry another yet, and you can be charged and fined severely by your "husband" if you cohabitate with another partner, male or female.Your properties are still deemed conjugals.The only simple solution i may suggest is to convert to another religion, that is ISLAM. We are allowed to divorce our spouse if matters are not reconcilable. In islamic countries like egypt, the christians there used this for convenience.
Are your differences so great you need to seperate, have you tried marriage counselling? infidelity, crimes or incompatability? those who get divorces tend to be in a lot worst situation than before, try to harmonize if possible, why built walls if we can built bridges?
But why just resort for convenience? no amount of material fulfillment can satisfy our cravings for inner peace unless we have God in our heart. Islam is a practical religion. I am a manila guy muslim convert myself and have been in this for almost 30 years, no regrets.

Answer 4

Not enough details sorry. Need to know where you are from. Where I come from, Maine, legal seperation occurs after you have been legally not living with each other for 6 months. Easy as that, no paperwork necessary.

Answer 5

yes. a legal separation means you remain married only because a piece of paper states you still are. otherwise you should be living and leading separate lives.

Answer 6

Had friend who are now under processing of legal separation. I recommend her to my lawyer friend. i think the processing period is 3 to 6 months. Its better you can talk directly so that he can explain to you better what would be the process and how much. will ask my friend tomorrow how much she paid.

Answer 7

Depends on the lier ..... how do you spell abogado in English?