Petition for Legal Separation
PETITION FOR LEGAL SEPARATION

 

NOW COMES the petitioner by the undersigned attorney, and unto this Honorable Court, respectfully alleges:

 

1. That the petitioner is a resident of the city/municipality of ____________
province of __________, Philippines, for the last  ___________________ years;

 

2. That the petitioner and the respondent were legally married in __________________ on _____________, 19 _____.

 

3. That out of said marriage, ___________________ children were born; to wit: ________________, born on __________; _____________, born on

__________________ ; etc.

 

4. That during the said marriage, the following real properties had been acquired:_____________________________________________________________;

 

5. That on or about __________________ ,19_____, the respon­dent committed an act of (adultery/concubinage) as defined in the Penal Code, for which she/he was duly convicted by the Regional Trial Court of ___________________ Civil

Case No._______________ of said Court;

 

6. That petitioner has never condoned or committed such act of

Adultery/concubinage on the part of respondent;

 

7. That the petitioner became cognizant of the above cause on __________________ 19 ______or within one year up to the filing of this petition and within five years from and after the date when such cause occurred;

 

8. That the facts of this case render the reconciliation of the parties highly improbable.

 

WHEREFORE, it is respectfully prayed:

(a) That pending these legal separation proceedings, the respondent be deprived of his right to manage the conjugal partner­ship and that adequate provision be made out of the conjugal property for the care and support of the minor children, ___________________ and ______________________ , above-named;

 

(b) That after due hearing, a decree of legal separation be issued by this Honorable Court, ordering: (1) That the petitioner shall be entitled to live separately from the respondent, without dissolu­tion, however, of the marriage bond; (2) That the conjugal partner­ship be dissolved and liquidated, depriving the respondent of his share of the conjugal partnership profits and awarding the same to the above-named children; (3) That the custody of the minor children,_______________, and ________________, be awarded to the petitioner; and

 

(c) That such other relief be granted to the petitioner as maybe just and equitable in the premises.

Manila, this ________ day of ________________,19____.



                     _____________________________________
                              (Attorney for Petitioner)

 

                                                                                 _____________________________________
                              (Address)

 


                                                                                 

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