Separate Ways

One of the frequently asked questions that I get in the radio is  this:

"Atty. me and my husband had been separated for more than 7 years now. He has a new partner and I have a new partner as well. Can I marry my new partner and can my husband still sue me?"

I usually answer this way:

"I understand your predicament. Love was lost a long time ago. The partner that you have is more of your husband than the one that you married a long time ago. In the eyes of our law however, you and your husband are still married and he can still sue you.

Our law here in the Philippines provides that a person who is married can only remarry if:

1. His husband or wife died.

2. The married person filed a petition for declaration of absolute nullity of void marriage and the said petition was granted.

3. The married person filed a petition for annulment of voidable marriage and the said petition was granted.

4. The couples are Muslims and they were divorced.

and

5. The married person filed a petition for declaration of presumptive death and said petition was granted.

All these, except death of the other spouse requires court proceedings both civil or in the Shariah court.

The point that I want to emphasize is that mere absence or distance without a proceeding will not dissolve the marriage. In order for the marriage bond to be dissolved the State must interfere. 

As to whether he can sue you, the answer is yes and the case would be adultery. "

I usually elaborate further but that would be for another blog.

For those who wan to know more. Here is the link for the rules on annulment and declaration of absolute nullity of marriage. Click here.