In the Philippines, where divorce remains legally unavailable (except for Muslims and certain cases involving foreign spouses), couples who have been separated for decades often find themselves in a legal limbo. Many assume that long separation—whether it is 10, 20, or 30 years—automatically dissolves a marriage.

It does not. Under the Family Code of the Philippines, time alone does not heal a void marriage or break a valid one. To legally end the marital bond, one must petition the court for either an Annulment or a Declaration of Absolute Nullity of Marriage.

1. The Core Distinction: Void vs. Voidable

Before proceeding, it is crucial to understand which legal path fits your situation.

Declaration of Absolute Nullity (Void Marriages)

This applies to marriages that were void from the beginning (ab initio). In the eyes of the law, the marriage never existed.

Common Grounds: Absence of a marriage license, lack of authority of the solemnizing officer, bigamous marriages, or Psychological Incapacity (Article 36).
Prescription: The action to declare a marriage void does not expire. You can file it even after 40 years of separation.

Annulment (Voidable Marriages)

This applies to marriages that are considered valid until they are set aside by a court.

Common Grounds: Lack of parental consent (if aged 18-21), fraud, force/intimidation, or physical incapacity to consummate the marriage.
Prescription: Unlike nullity, these have a statute of limitations (usually 5 years from the discovery of fraud or the cessation of intimidation). If you have been separated for 20 years, you may have already lost the right to file for an annulment based on these grounds.

2. The "Psychological Incapacity" Route (Article 36)

For couples separated for a long time, Article 36 is the most common remedy. It posits that one or both parties were mentally or psychologically incapacitated to comply with the essential marital obligations at the time of the celebration of the marriage.

The Impact of Tan-Andal vs. Andal (2021)

The Supreme Court recently clarified that psychological incapacity is not a medical or clinical illness, but a legal concept. This makes it easier for those separated for long periods to prove their case because:

No Medical Exam Required: You no longer strictly need a psychiatrist to examine the respondent spouse (who is often nowhere to be found).
Totality of Evidence: The court now looks at the "totality of evidence"—including the testimony of the petitioner, friends, and family—to prove that the spouse’s behavior (e.g., abandonment, chronic infidelity, or refusal to support) stems from a deep-seated incapacity.

3. Does Long Separation Help Your Case?

While "Long Separation" is not a standalone ground for nullity, it serves as powerful corroborating evidence.

Proof of Irreconcilability: If you haven't lived together for 15 years, it is strong evidence that the "essential marital obligations" (living together, mutual love, respect, and help) are not being met.
Evidence of Incapacity: If a spouse abandoned the family decades ago and never looked back, a judge may view this as a manifest sign of psychological incapacity that existed at the time of the wedding.

4. The Legal Process: What to Expect

The process is rigorous and typically takes 1.5 to 3 years, depending on the court's declogging of cases.

Petition Filing: Filed in the Regional Trial Court (RTC) where the petitioner or respondent resides.
Collusion Investigation: The Public Prosecutor investigates to ensure the couple isn't "teaming up" just to get a fast divorce (which is illegal).
Pre-Trial & Trial: Presentation of witnesses (Petitioner, a psychologist/social worker, and a common friend/relative).
Decision & Decree: Once the court grants the petition, a Decree of Nullity is issued.
Registration: The decree must be registered with the Local Civil Registrar and the Philippine Statistics Authority (PSA).

5. Practical Issues After Decades of Separation

Property Relations: If no prenuptial agreement exists, the property regime is usually "Absolute Community of Property." Long separation does not automatically divide assets. A court must liquidiate the properties during the nullity process.
Custody and Support: If the children are now adults (due to the long separation), custody is no longer an issue, but "legitimacy" status may be affected depending on the grounds used.
The "Missing" Spouse: If you don't know where your spouse is, you can still file. The law allows for Service by Publication (posting the summons in a newspaper), ensuring the case moves forward even without their participation.

Key Takeaway

Long separation provides the narrative for a legal exit, but Article 36 provides the key. With the easing of requirements for psychological incapacity, those who have been living separate lives for decades have a more viable path to legal freedom than ever before.

Would you like me to draft a checklist of the specific documents (like PSA certificates and affidavits) you would need to gather to begin this process?