Residency Requirement for Filing Divorce
- Petitioners must have resided in the Philippines for at least one year prior to filing.
- An exception exists if the grounds for divorce occurred within Philippine territory, bypassing the residency prerequisite.
Eligibility to Claim Divorce
- Only the innocent spouse may file for divorce.
- Divorce is barred if the innocent spouse has condoned or consented to the other's misconduct.
- If both spouses are guilty, neither can claim divorce.
Time Limitations for Filing Divorce
- Divorce actions must be initiated within one year after the plaintiff becomes aware of the grounds.
- They must also be filed within five years from when the grounds occurred.
- For causes preceding the law's effectivity, only one year from enactment is allowed to file.
Waiting Period Before Trial
- Trials for divorce cannot commence until six months after the petition is filed.
Separate Living and Property Management During Proceedings
- Spouses may live separately and manage their own properties post-filing.
- The husband retains management of community property unless the court appoints an administrator.
- If appointed, the administrator has guardian-like rights but requires court authorization to dispose of income or capital.
Provision for Minor Children During Divorce Proceedings
- Courts must provide for minor children’s care, considering circumstances.
- The court may allocate community property income for children’s support.
- Absent specific court orders, minor children’s care must follow Civil Code provisions.
- If parents mutually agree on child care and the court finds it adequate, it will refrain from intervention.
Requirement of Guilt Establishment
- Divorce cannot be granted without a final criminal conviction of the defendant spouse establishing guilt.
Effect of Divorce Decree on Property and Matrimony Bonds
- Community property is dissolved immediately upon finality of the divorce decree.
- Bonds of matrimony remain for one year post-decree.
- Bonds of matrimony remain undissolved regarding any spouse with legitimate children unless legal portions owed to children are delivered within that year.
Reconciliation and Annulment of Divorce Decree
- Spouses’ reconciliation halts divorce proceedings and annuls the decree if done within the one-year period.
Effects of Dissolution of Matrimonial Bonds
- Spouses become free to remarry.
- Custody of minor children remains with the innocent spouse unless court directs otherwise.
- Children maintain all legal rights as legitimate children.
- Upon parental estate partition, children must collate any property received under the one-year period stipulations.
Effectivity of the Act
- The Act came into force immediately upon its approval on March 11, 1917.