Legal separation and family support – Katrina Legarda
KAT'S EYE | KATRINA LEGARDA, abs-cbnNEWS.com | 10/29/2008 6:58 AM
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I think it is time to answer some of the letters that have come in. These particular letters ask about support and legal separation. My comments and observations come after each letter.
Can you please enlighten a housewife such as me what legal separation is?
I believe this is an option for a wife who is in a marriage that is already clouded with her husband's dishonesty, infidelity, physical, emotional, and verbal abuse.
She stays in the marriage simply because she still loves her husband. The marriage of 12 years was not blessed with children, She has an occupation but is not really enough to sustain a comfortable life.
Is legal separation the answer for her.? What is in store for her should she decide to take this step?
Dear Weeping willow,
It always stuns me when women tell me that even though their husbands are dishonest, unfaithful, and abusive, they stay because they love the S.O.B.'s. WHY????
Is there “love” because the women think they can't get anybody else to “love” them? Is it absolutely necessary to have a husband who is so abusive? Sigh.
Anyway, legal separation means that a court will allow spouses to live separately, however, neither spouse can re-marry nor can either spouse date other people. They are still married to each other.
You need to have a ground for legal separation: certainly, the issues of this husband described are grounds for legal separation.
Should the Court believe the wife (and she must have evidence of the infidelity, dishonesty and abusive behavior), then the husband will be declared the “guilty spouse.” He must continue to support his wife.
You ask, finally, “what is in store for her should she take this step.” Well, PEACE.
Remember, however, that going to court is expensive. She must be prepared to pay a lawyer and all legal fees. She must be prepared to stay in court for at least 2 years.
I suggest you bring your friend to a lawyer and see what she tells you. Bring the evidence!
***
I wrote you mid this year about my ex-husband in Australia who refuses to send us support.
Based on your column today about the separation and fair play you discussed on what should be done.
That is IF the spouses has an asset. But what if they don't have any and all they have were loans from different banks?
In my case, I incurred loans (all under my name) which my ex-husband now refuses to acknowledge. Said loans has been used for my children's schoolings and to pay for the expenses he was supposed to incur in processing his papers in going to Australia.
Now I am being run after by different collection agencies. My ex-husband still refuses to send help. Is there any remedy?
I tried to seek help from the Australian government but got no reply. By the way I heard he just passed the permanent residency exam given by Australian govt.
Dear Ex-Wife,
I am afraid that once a spouse leaves the Philippines, your resort is, as a general rule, in the country he has gone to.
Your letter does not indicate which Australian agency you tried to contact. Have you tried the Australian Embassy here? Are your in-laws still alive? Are they in the Philippines?
You may have basis to file a case for support against your in-laws.
Please go and see a family lawyer. If you are desperate, the Office of Legal Aid located at the College of Law of the University of the Philippines can probably point you in the right direction.
I am sorry I cannot be more specific. Lawyers are not miracle workers. Some things just can't be fixed by us.
You can email me through newsfeedback@abs-cbn.com. Till next time.