The Philippines remains the only jurisdiction in the world (aside from Vatican City) where absolute divorce is not legally recognized for the general population. Consequently, couples facing long-term separation or instances of adultery must navigate a specific set of legal remedies under the Family Code of the Philippines and the Revised Penal Code.

Understanding these options requires a distinction between ending the marital bond and merely addressing the living arrangements and responsibilities of the parties.

1. Legal Separation (Relative Divorce)

Legal separation, often called a mensa et thoro (from bed and board), allows a couple to live apart and divide their properties, but it does not dissolve the marriage. Neither party can remarry.

Grounds for Legal Separation (Art. 55, Family Code)

Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.
Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.
Attempt to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution.
Final judgment sentencing the respondent to imprisonment of more than six years.
Drug addiction or habitual alcoholism.
Lesbianism or homosexuality (if discovered after the marriage).
Contracting a subsequent bigamous marriage.
Sexual infidelity or perversion.
Attempt by the respondent against the life of the petitioner.
Abandonment of petitioner by respondent without justifiable cause for more than one year.

Effects of Legal Separation

The spouses are entitled to live separately.
The absolute community or the conjugal partnership shall be dissolved and liquidated.
The custody of the minor children shall be awarded to the innocent spouse, subject to the "tender-age" rule (children under 7 stay with the mother unless there are compelling reasons otherwise).
The offending spouse is disqualified from inheriting from the innocent spouse by intestate succession.

2. Declaration of Nullity of Marriage (Art. 36)

For those seeking a total dissolution of the marriage, the most common route is filing for a Declaration of Nullity based on Psychological Incapacity. This declares the marriage void from the beginning (void ab initio), meaning the law treats it as if it never happened.

The Standard: It is not enough that a spouse is "difficult" or "unfaithful." The petitioner must prove that the respondent (or both) suffers from a psychological condition that prevents them from complying with the essential marital obligations (mutual love, respect, support, and fidelity).
Gravity, Juridical Antecedence, and Incurability: The incapacity must be grave, must have existed at the time of the celebration of the marriage, and must be incurable.

3. Annulment of Marriage (Art. 45)

Unlike a declaration of nullity (where the marriage was never valid), an annulment applies to a marriage that was valid at the start but has a defect. Grounds include:

Lack of parental consent (if a party was between 18 and 21).
Insanity.
Fraud (e.g., concealment of a prior conviction or a sexually transmitted disease).
Force, intimidation, or undue influence.
Physical incapacity to consummate the marriage (impotence).

4. Adultery and Concubinage (Criminal Consequences)

Under Philippine Law, "adultery" and "concubinage" are distinct criminal offenses classified as Crimes Against Chastity under the Revised Penal Code.

Adultery (Art. 333)

Committed by: A married woman and the man who has sexual intercourse with her, knowing she is married.
Penalty: Prision correccional in its medium and maximum periods.
Proof: Each individual act of sexual intercourse constitutes a separate count of adultery.

Concubinage (Art. 334)

Committed by: A married man who:

Keeps a mistress in the conjugal dwelling;
Has sexual intercourse under scandalous circumstances; or
Coexists (lives) with her in any other place.

Penalty: The husband faces prision correccional in its minimum and medium periods. The concubine faces the penalty of destierro (banishment from a specific radius).

Note on Gender Disparity: Proving concubinage is significantly more difficult than proving adultery. Adultery requires proof of a single act of intercourse, whereas concubinage requires proof of specific living arrangements or "scandalous circumstances."

5. Summary of Property and Support

Regardless of the chosen legal path, the following issues are typically addressed:

Issue	Legal Separation	Nullity/Annulment
Marital Bond	Remains intact; no remarriage.	Severed; parties can remarry.
Property	Dissolved/Liquidated.	Generally partitioned; "co-ownership" rules may apply for void marriages.
Support	Innocent spouse may be entitled to support.	Mutual obligation to support ends.
Legitimacy	Children remain legitimate.	Children of Art. 36 and Art. 53 marriages remain legitimate.

6. The Reality of Long-Term Separation

In the Philippines, many couples choose De Facto Separation (living apart without a court order). While this provides immediate peace, it carries legal risks:

Presumption of Conjugality: Property acquired by either spouse during the separation is still legally considered part of the conjugal partnership unless a legal separation or judicial separation of property has been decreed.
Succession: Even if separated for 20 years, a spouse remains the primary compulsory heir unless a legal disqualification (like a decree of legal separation) exists.