The Philippines remains the only country in the world, aside from Vatican City, where civil divorce is not legal for the general population. While the Absolute Divorce Bill has seen significant legislative movement recently, the current legal framework governing the dissolution of marriage is primarily found in Executive Order No. 209, otherwise known as the Family Code of the Philippines.

Under existing law, there are two primary judicial avenues to end a marriage: Annulment and a Declaration of Absolute Nullity of Marriage. Though often used interchangeably in common parlance, they are distinct legal concepts with different grounds and requirements.

1. Declaration of Absolute Nullity of Marriage (Void Marriages)

A Declaration of Absolute Nullity applies to marriages that were void from the beginning (void ab initio). Legally, the marriage never existed. These cases are governed by Articles 35, 36, 37, 38, and 41 of the Family Code.

Common Grounds for Nullity

Absence of Essential Requisites (Art. 35): Marriages contracted without a valid marriage license (unless exempt) or those performed by an unauthorized solemnizing officer.
Bigamous or Polygamous Marriages: Marriages contracted by any person during the subsistence of a previous valid marriage.
Mistake in Identity: If one party married the wrong person due to fraud or error.
Incestuous Marriages (Art. 37): Marriages between ascendants and descendants, or brothers and sisters (whether full or half-blood).
Public Policy Marriages (Art. 38): Marriages between collateral blood relatives up to the fourth civil degree (first cousins) or those between step-parents and step-children.
Psychological Incapacity (Art. 36): This is the most frequently cited ground. It refers to a party’s inability to comply with the essential marital obligations (mutual love, respect, fidelity, and support) due to a psychological condition that existed at the time of the celebration of the marriage.

Key Requirements for Article 36 (Psychological Incapacity)

Following the landmark Supreme Court ruling in Tan-Andal v. Andal, the requirements have been clarified:

Gravity: The incapacity must be serious enough to prevent the party from fulfilling marital duties.
Juridical Antecedence: The condition must have existed at the time of the wedding, even if it only manifested later.
Incurability: It must be incurable in the legal sense, meaning the person is incapable of fulfilling obligations with that specific spouse.
Note: It is no longer strictly required to have a medical or clinical diagnosis from a psychiatrist, though expert testimony remains highly persuasive.

2. Annulment of Marriage (Voidable Marriages)

Unlike a void marriage, a voidable marriage is considered valid until it is set aside by a final judgment of a court. The grounds for annulment are found in Article 45 of the Family Code and must generally exist at the time of the marriage.

Grounds for Annulment

Lack of Parental Consent: If either party was between 18 and 21 years old and married without the consent of parents or guardians (unless they continued to live together after reaching 21).
Insanity: If either party was of unsound mind at the time of marriage.
Fraud: This includes non-disclosure of a previous conviction of a crime involving moral turpitude, concealment of pregnancy by another man, or concealment of a sexually transmitted disease or drug addiction.
Force, Intimidation, or Undue Influence: If the consent to marry was obtained through threats or violence.
Physical Incapacity: The inability to consummate the marriage (impotence), provided the incapacity is permanent and appears incurable.
Serious Sexually Transmitted Disease: If either party has an STD found to be serious and incurable.

3. Legal Separation (The "Relative Divorce")

Legal Separation (Article 55) allows a couple to live apart and separate their assets, but it does not sever the bond of marriage. Neither party can remarry.

Grounds for Legal Separation

Repeated physical violence or grossly abusive conduct.
Attempt to corrupt or induce the spouse or a child into prostitution.
Final judgment sentencing the respondent to imprisonment of more than six years.
Drug addiction or habitual alcoholism.
Lesbianism or homosexuality (if manifested after marriage).
Contracting a subsequent bigamous marriage.
Sexual infidelity or perversion.
Attempt against the life of the spouse.
Abandonment without justifiable cause for more than one year.

4. Procedural Requirements in the Philippines

The process for dissolution is rigorous, as the State has a mandate to protect marriage as an "inviolable social institution."

Filing of the Petition: The petition must be filed in the Regional Trial Court (Family Court) of the province or city where either the petitioner or respondent has been residing for at least six months.
Collusion Investigation: The Public Prosecutor is mandated to conduct an investigation to ensure that the parties are not conniving or "faking" the grounds to get a quick dissolution.
Pre-Trial and Trial: The petitioner must present evidence, which often includes testimony from the petitioner, witnesses, and (in Article 36 cases) psychological experts.
Decree of Absolute Nullity/Annulment: If the court finds merit, it will issue a decision. However, the decree is only issued after the liquidation of assets, the delivery of presumptive legitimes to children, and the registration of the judgment with the Civil Registrar.

5. The Exception: Divorce Under the Code of Muslim Personal Laws

While the Family Code does not allow divorce, Presidential Decree No. 1083 allows for divorce among Filipino Muslims. This is applicable if both parties are Muslims, or if the male party is Muslim and the marriage was solemnized under Muslim Law. Recognized forms of divorce include Talaq (repudiation by the husband) and Khul (divorce by the wife).

6. Foreign Divorce and Article 26

Under Article 26, Paragraph 2 of the Family Code, if a Filipino is married to a foreigner and the foreign spouse subsequently obtains a valid divorce abroad that allows them to remarry, the Filipino spouse shall also gain the capacity to remarry under Philippine law. This requires a Petition for Judicial Recognition of Foreign Divorce in a Philippine court.