In the Philippines, where divorce remains legally unavailable (except for specific cases involving Muslims or foreign spouses), the primary legal avenues for dissolving a marriage are Annulment and a Declaration of Absolute Nullity of Marriage. While often used interchangeably in casual conversation, they are distinct legal actions under the Family Code of the Philippines.

Understanding the Legal Distinction

Declaration of Absolute Nullity (Article 35, 36, 37, 38): This applies to marriages that were void from the very beginning (void ab initio). In the eyes of the law, the marriage never existed. The most common ground cited is Psychological Incapacity (Article 36).
Annulment (Article 45): This applies to marriages that are considered "voidable." These are valid until set aside by a court decree due to specific defects existing at the time of the celebration.

I. Legal Grounds for Annulment and Nullity

Before proceeding, one must identify the specific legal ground applicable to their situation.

1. Common Grounds for Annulment (Voidable Marriages)

Lack of Parental Consent: If a party was between 18 and 21 and married without parental consent (unless they continued to cohabit after reaching 21).
Insanity: If either party was of unsound mind at the time of marriage.
Fraud: Obtaining consent through deceit (e.g., concealment of a drug habit, homosexuality, or a sexually transmitted disease).
Force, Intimidation, or Undue Influence: If consent was obtained through coercion.
Physical Incapacity: Specifically, the inability to consummate the marriage (impotence) that appears to be incurable.
Serious Sexually Transmitted Disease: If the disease is existing at the time of marriage and appears to be incurable.

2. Common Grounds for Declaration of Nullity (Void Marriages)

Psychological Incapacity (Article 36): A party is incapable of complying with the essential marital obligations due to a psychological condition.
Absence of Formal Requisites: No valid marriage license or a person solemnizing the marriage without authority.
Bigamous or Polygamous Marriages.
Incestuous Marriages.

II. Essential Legal Requirements

To initiate the process, the petitioner must gather the following documentation:

PSA Marriage Certificate: An official copy from the Philippine Statistics Authority.
PSA Birth Certificates: For both spouses and any children born of the union.
Barangay Certificate of Residency: To prove the petitioner has resided in the jurisdiction of the court for at least six months.
Psychological Evaluation Report: Essential for Article 36 cases, conducted by a licensed clinical psychologist or psychiatrist.
List of Assets: Documentation regarding real estate, bank accounts, and other properties if a "Petition for Liquidation of Properties" is included.

III. The Step-by-Step Process

Step 1: Hiring Legal Counsel and Psychological Evaluation

The first step is engaging a lawyer specializing in family law. If the ground is psychological incapacity, the petitioner must undergo a series of interviews and tests with a psychologist. The resulting report will serve as the backbone of the Petition.

Step 2: Filing the Petition

The lawyer files the Verified Petition for Annulment/Nullity in the Regional Trial Court (RTC) of the province or city where either the petitioner or respondent has been residing for at least six months.

Step 3: Summons and Answer

The court issues a summons to the respondent (the other spouse). The respondent has a period (usually 15 to 30 days) to file an "Answer." If no answer is filed, the court will not automatically grant the annulment; instead, it will order the Public Prosecutor to investigate if there is collusion between the parties.

Step 4: The Collusion Investigation

Under Philippine law, the state protects marriage. A Public Prosecutor must certify that the parties did not conspire to "fabricate" the annulment. If collusion is found, the case is dismissed.

Step 5: Pre-Trial Brief and Conference

The court sets a pre-trial to simplify the issues, mark evidence, and list witnesses. This is a mandatory stage before the actual trial begins.

Step 6: The Trial

This involves the presentation of evidence and testimony. Usually, the petitioner, the psychologist, and sometimes a corroborating witness take the stand. The Public Prosecutor is present to cross-examine witnesses to ensure the integrity of the proceedings.

Step 7: The Decision

The judge issues a Decision. If granted, there is a 15-day period for either party (or the Solicitor General) to file a Motion for Reconsideration or an Appeal.

Step 8: Registration and Finality

Once the decision is final, the court issues a Decree of Annulment/Nullity. This must be registered with the Civil Registrar of the place where the marriage was celebrated and the PSA.

IV. Estimated Timeline and Costs

Factor	Estimated Range
Timeline	1.5 to 4 years (depending on court decongestion)
Legal Fees	₱150,000 – ₱500,000+ (depending on complexity and lawyer's experience)
Psychological Evaluation	₱30,000 – ₱80,000
Filing & Documentation	₱10,000 – ₱20,000

Note: The Supreme Court ruling in Tan-Andal vs. Andal (2021) has modified the interpretation of "Psychological Incapacity," clarifying that it does not necessarily require a clinical medical diagnosis of a personality disorder, but rather a legal showing of a "durable" incapacity to fulfill marital duties.

Would you like me to draft a sample list of interview questions typically used during a psychological evaluation for an Article 36 petition?