Exploring the Possibility of Divorce in the Philippines: A Legal Perspective

Abstract

This study investigates the multidimensional socio-legal factors influencing the potential legalization of divorce in the Philippines, one of only two jurisdictions worldwide where absolute divorce remains prohibited. Unlike prior scholarship focused primarily on doctrinal analysis, this research empirically examines cultural–religious norms, legal–institutional constraints, gender–social considerations, and international influences shaping legal professionals’ perspectives on divorce reform. Survey responses from 60 family law attorneys and judges were analyzed using descriptive statistics and Spearman’s Rank Correlation Coefficient. Findings show that cultural and religious beliefs (M = 3.62, SD = 0.84), legal framework constraints (M = 3.48, SD = 0.94), gender equality concerns (M = 3.57, SD = 0.94), and international factors (M = 3.72, SD = 0.66) significantly affect attitudes toward divorce legalization. Respondents strongly agreed that legalizing divorce would increase social acceptance (M = 3.90, SD = 0.81), enhance gender equality (M = 3.62, SD = 0.69), and substantially transform the Philippine legal system (M = 3.45, SD = 1.04). The study contributes evidence-based insights for policymakers navigating the interplay of religious tradition, cultural values, gender dynamics, and contemporary legal needs.