Question & AnswerQ&A (Republic Act No. 8649)
A petition for divorce can only be filed for adultery on the part of the wife or concubinage on the part of the husband, committed in any of the forms described in article 437 of the Penal Code.
Only the innocent spouse is entitled to file a petition for divorce, provided there has been no condonation or consent to the adultery or concubinage.
The petitioner must have resided in the Philippine Islands for one year prior to filing the petition, unless the cause for the divorce occurred within the Philippines.
No, if both spouses are guilty, neither can claim a divorce.
The petition must be filed within one year from when the plaintiff became aware of the cause, and within five years from when the cause occurred.
No, the action for divorce cannot be tried until six months have elapsed since the petition was filed.
Spouses are entitled to live separately and manage their respective property. The husband continues to manage community property unless the court appoints an administrator.
The court shall provide for the care of minor children and may order community property or its income set aside for their support, unless the parents have made mutual arrangements deemed adequate by the court.
Yes, a divorce cannot be granted without the guilt of the defendant being established by a final sentence in a criminal action.
The decree dissolves the community of property as soon as it becomes final, but the bonds of matrimony are not dissolved until one year thereafter, subject to certain provisions regarding support of legitimate children.
The proceedings stop and the decree is annulled if reconciliation takes place within the one-year period.
First, spouses are free to remarry; second, minor children remain with the innocent spouse unless otherwise ordered; third, children retain all rights as legitimate children but must collate any support previously received in estate partition.