Attempt against the life of the petitioner, A55(9) Family Code
1. Concept
Attempt – means “to make an effort to do, accomplish, solve, or effect”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/attempt [Accessed: 17 April 2025])
2. Attempt against the life of the petitioner
Art. 55. A petition for legal separation may be filed on any of the following grounds:
x x x
(9) Attempt by the respondent against the life of the petitioner; or
x x x
For purposes of this Article, the term “child” shall include a child by nature or by adoption. (9a)
1) Attempt by the respondent against the life of the petitioner-spouse is a ground for legal separation.
2) Attempt is sufficient. The guilty spouse does not need to successfully kill the innocent spouse.
NB: It does not have to be the guilty spouse to make the actual attempt. The attempt on the life includes engaging and/or conspiring with a third-party.
3) This ground for legal separation applies when one spouse tries to take the life of the other. Even if the attempt is not successful, the mere act of trying to cause the death of one’s partner is considered so extreme and dangerous that it destroys the very essence of trust, safety, and love in a marriage. It shows that the relationship is not just broken—it’s life-threatening. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 17 April 2025])
4) [In simple terms:] If [a spouse] tries to kill [his/her spouse]—whether through violence, poisoning, or any other deadly act—[the innocent spouse] can file for legal separation. The law doesn’t require the attempt to succeed; just the fact that [the guilty spouse] intended to end [the other spouse’s] life is enough. Marriage is built on mutual care and protection, and an act like this completely shatters that foundation. (Ibid.)
5) The law recognizes that marriage should never become a space where one’s life is at risk. An attempt to kill one’s spouse is among the most serious breaches of marital obligations. It shows an utter disregard for human life and violates the deepest level of trust. This ground for legal separation exists to protect the threatened spouse and provide a legal path toward safety and justice. (Ibid.)
3. Examples
Example 1 – Violent physical assault:
Rachel’s husband, Tomas, attacks her during an argument, striking her repeatedly with a metal rod and aiming at her head. She survives the assault and escapes. This kind of brutal attack, clearly intended to kill or severely harm her, gives Rachel legal grounds to file for separation. (Ibid.)
Example 2 – Attempted poisoning:
Andres finds out that his wife, Liza, has been secretly putting harmful substances in his food in an effort to slowly harm or kill him. Even though he survives and discovers it in time, the attempt on his life justifies legal separation. (Ibid.)
Example 3 – Hired killing or threats with intent:
Marco discovers that his wife, Gina, hired someone to follow and harm him, though the plan failed. The evidence points to Gina’s clear intent to have him killed. Despite the act being stopped, Marco has solid grounds to file for legal separation. (Ibid.)
