The State provides for legal remedies to protect the interests and rights of its citizen. Under the law, an injured party may file an action against the offending party in order to vindicate the former’s right which was violated by the latter.
A perfect example of this is the law that enables an injured spouse to file for an action for divorce by bed and board against the other spouse.In this kind of proceedings, the marriage between the husband and wife will still subsist. However, their property rights will be affected upon the issuance of a final decree from the court.
Divorce by bed and board is commonly known as legal separation. As provided under the statutes, the party who may file for the said petition or action is only the injured spouse.
In order for this type of divorce to prosper, there must be a showing that the other party has committed a marital fault.
The spouse praying for such must be able to show before the courts that he or she has a ground for the filing of the request for divorce by bed and board. The statutes recognize six grounds for legal separation, to wit:
· The other spouse has abandoned the family without any legal.
· The husband or wife has maliciously turned a spouse of out doors.
· The offending spouse treated his or her partner in such a cruel or barbarous manner which placed the latter’s life in danger.
· The spouse has performed or exhibited indignities that render the husband or wife’s condition intolerable or life overly burdensome.
· The other partner has been proven to be an excessive user of drugs or alcohol which caused prejudice to his or her wife or husband.
· The spouse has committed an act of adultery.
The law also provides for the actions that the accused spouse may take during the pendency of the divorce by bed and board proceedings.
The said party is given an opportunity to present evidence to rebut the arguments of the alleged injured spouse and to show to the court that none of the grounds is present in the case. The four defenses available to the accused party in this type of divorce are collusion, connivance, condonation, or recrimination.
If you are thinking of availing of this remedy, it is highly recommended that you talk to your lawyer first.
You could book an appointment with him and discuss all the legal matters that may affect your case. Do not enter into an agreement or settlement with any party without consulting an attorney.