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Steps/Procedure in Legal Separation Cases

When filing a petition for legal separation, the petitioner-spouse must consider a number of factors. One, there must be a ground for legal separation (see Grounds for Legal Separation), which is different from the grounds for annulment or declaration of nullity (see Grounds for Annulment and Grounds for Declaration of Nullity). Two, legal separation does not result to the dissolution of marriage, which means that none of the spouses can remarry even if the petition is granted. Three, the procedure for legal separation is different from that of annulment or declaration of nullity (see Procedure for Annulment or Declaration of Nullity), but the duration and costs are comparably the same. The procedure for legal separation, based on A.M. No. 02-11-11-SC dated 4 March 2003, is discussed below.

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