Best Annulment Lawyers in Lapu-Lapu City

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Recososa Law Firm

15 minutes Free Consultation

Lapu-Lapu City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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Philippines Annulment Legal Questions answered by Lawyers

Browse our 51 legal questions about Annulment in Philippines and the lawyer answers, or ask your own questions for free.

Can annulment or legal separation be filed even without evidence?: Good day from Recososa Law Firm!We received your inquiry from Lawzana regarding the possibility of filing for annulment or legal separation despite the absence of direct evidence such as screenshots of an extramarital affair. We are here to provide a clear legal response based on Philippine laws and jurisprudence.a.) Under Article 55 of the Family Code of the Philippines, legal separation may be granted on grounds such as repeated physical violence or grossly abusive conduct, drug addiction, and infidelity. Specifically, sexual infidelity or a proven extramarital affair constitutes a valid ground.b.) While direct evidence (e.g., screenshots, messages, photos) is helpful, Philippine courts allow circumstantial evidence and testimonial affidavits to establish proof of these grounds. For example, your personal testimony, corroborating witnesses (e.g., family, friends, or co-workers who knew of or witnessed the circumstances), and behavioral patterns may serve as competent evidence to support your claim.c.) As for annulment, if the basis is psychological incapacity under Article 36 of the Family Code, proof is required that one or both parties are incapable of fulfilling essential marital obligations. While infidelity alone does not equate to psychological incapacity, it may be cited as a manifestation of such incapacity if linked to an established personality disorder or persistent irresponsibility. This requires the assistance of a qualified psychologist or psychiatrist, but it can still proceed even if past consultation was limited—as long as the condition can be sufficiently described and proven during the proceedings.d.) In terms of cost, a Petition for Annulment or Legal Separation involves filing fees, professional fees, psychological evaluation (if applicable), and publication expenses. The exact amount depends on complexity, but we can structure the fees in a client-friendly and affordable manner. You may also negotiate for the erring spouse to shoulder the litigation cost as part of your prayer for damages, although such claims are subject to the discretion of the court.We strongly recommend that you hire us so we can evaluate the best course of action based on your full narrative. We can assist in building a compelling case supported by affidavit testimonies, documentation, and a psychiatric assessment when necessary.We can schedule an initial consultation via Zoom or in person. Client may schedule a convenient date and time of the meeting through the below Calendly link:https://calendly.com/recososalawfirmThere is a ₱2,000 consultation fee, which we will refund when you hire us after the consultation. Alternatively, client may also call or text +639175046510 or email [email protected] look forward to assisting you in protecting your rights and moving forward with confidence.
About Concubinage: Good day from Recososa Law Firm!In reference to your concern regarding a potential concubinage case to be filed by your former spouse, allow us to provide you with substantial guidance grounded in Philippine law.Under Article 334 of the Revised Penal Code of the Philippines, concubinage is committed by a husband who keeps a mistress in the conjugal dwelling, or has sexual intercourse under scandalous circumstances with a woman who is not his wife, or cohabits with such woman in any other place. The penalty imposed on the husband is prision correccional in its minimum and medium periods, while the concubine or mistress may only suffer destierro.a.) Based on the facts you have provided, there appears to be no evidence that you and your former spouse cohabited as husband and wife in the same household after marriage. This undermines one of the key elements of concubinage which involves cohabitation or the keeping of a mistress in the conjugal dwelling.b.) The mere existence of a child from another relationship, while it may serve as circumstantial evidence of a new relationship, does not automatically prove the existence of concubinage unless it can be shown that the relationship occurred under scandalous circumstances or that there was cohabitation.c.) Furthermore, your continued support for your children from the first marriage may reflect your good faith and sense of responsibility, which could support your defense should a complaint be filed.d.) Please note that concubinage is a private crime under Philippine law, which means it cannot proceed without a formal complaint filed by the legal wife, and it cannot be initiated merely based on assumptions or social media content. Moreover, you mentioned that you and your spouse separated informally in 2016 to 2018. This may be considered in weighing your lack of criminal intent, particularly in light of the consistent marital separation and lack of shared residency.As for your concern about affordability, we understand your situation and offer a reasonable consultation fee. We highly recommend that you hire a lawyer to protect your rights, prevent potential harassment, and prepare a legal defense, if necessary. We can also assist in possible legal remedies, including drafting a counter-affidavit or filing for annulment or legal separation if warranted by the facts.We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:👉 https://calendly.com/recososalawfirmThere is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected] are here to assist you.
Certificate of Finality: Hi. May we know where was the case for annulment filed? You yourself as a party to the case may secure for the certificate of finality. Or our law firm may represent you in securing the said court order, provided a legal engagement contract is executed between the firm and you as our client.You may send an email at our email address [email protected]

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About Annulment Law in Lapu-Lapu City, Philippines

Annulment in the Philippines refers to a legal procedure that can declare a marriage null and void under specific conditions. Unlike divorce, annulment treats the marriage as though it never existed. In Lapu-Lapu City, as in other parts of the Philippines, annulment is governed by the Family Code and involves a formal court process. Grounds for annulment include lack of parental consent, mental incapacity, fraud, force, intimidation, undue influence, impotence, and sexually transmitted disease, among others. Navigating the annulment process can be complex and often requires legal expertise to ensure proper proceedings in accordance with the law.

Why You May Need a Lawyer

There are several reasons why individuals may seek legal advice for annulments in Lapu-Lapu City:

1. Understanding Complex Legal Requirements: The legal grounds for annulment are specific and must be proven in court. A lawyer can help you determine if your situation qualifies.

2. Procedural Guidance: Annulment proceedings involve filing petitions, submitting evidence, and potentially attending court hearings. A lawyer can guide you through each step of the process.

3. Document Preparation: Lawyers can assist with preparing documents, affidavits, and gathering evidence required for a successful annulment petition.

4. Advocacy: During hearings, having a lawyer ensures that your interests and rights are adequately represented.

5. Advice on Related Issues: Annulment can impact issues such as property division and custody arrangements. Legal counsel can provide advice on managing these matters.

Local Laws Overview

The primary law governing annulment in Lapu-Lapu City is the Family Code of the Philippines (Executive Order No. 209). Key aspects include:

Grounds for Annulment: These include lack of parental consent if either party was between 18 and 21 years old at the time of marriage, mental illness, fraud, intimidation, and physical incapacity to consummate the marriage, among others.

Psychological Incapacity: As a common ground for annulment, this refers to the inability of one or both spouses to fulfill the essential marital obligations of living together as husband and wife, which must be proven in court.

Jurisdiction: The case must be filed in the Regional Trial Court of the city or province where either spouse has resided for at least six months prior to filing.

Effects of Annulment: The marriage is considered void from the beginning. However, children born during the marriage are considered legitimate.

Frequently Asked Questions

What is the difference between annulment and divorce in the Philippines?

Annulment declares a marriage void from the start, as if it never occurred, while divorce terminates a legally valid marriage. Divorce is not legally recognized in the Philippines.

How long does an annulment process take?

The duration can vary widely, typically ranging from one to several years, depending on the case's complexity and the court's schedule.

What are the costs associated with filing for an annulment?

Costs can include filing fees, attorney's fees, psychological assessments, and other court-related expenses. It's important to discuss fee structures with your lawyer.

Can we get an annulment if both parties agree?

Mutual consent alone is not a ground for annulment. Concrete legal grounds must be established and proven in court, regardless of mutual agreement.

Will a spouse’s infidelity serve as ground for annulment?

Infidelity alone is not a ground for annulment, but it may support claims related to psychological incapacity or fraud if it can be substantiated.

What happens to our children if our marriage is annulled?

Children from an annulled marriage remain legitimate. Issues of custody, support, and visitation are addressed separately and are not directly affected by the annulment itself.

Can an annulment be appealed?

Yes, either party can appeal the decision in higher courts if they disagree with the trial court's judgment.

Are there alternatives to annulment?

Legal separation and nullity of void marriages are alternatives, but these do not afford the right to remarry, unlike annulment.

Can we file for an annulment if one spouse lives outside the Philippines?

Yes, as long as the requirements concerning grounds, residence, and jurisdiction are met, an annulment can be filed even if one spouse resides overseas.

Is it possible to remarry after an annulment?

Yes, once the annulment is granted and the marriage is declared void, both parties are free to remarry.

Additional Resources

Those seeking further information or assistance regarding annulment in Lapu-Lapu City can contact the following resources:

Public Attorney's Office (PAO): Offers free legal assistance to indigent clients.

Department of Social Welfare and Development (DSWD): Provides family counseling and support services.

Lapu-Lapu City Hall: Can provide information on court locations and filing procedures.

LUPAS Lapu-Lapu Lawyers: A network of local legal practitioners who can offer specialized advice in marital laws.

Next Steps

If you are considering pursuing an annulment in Lapu-Lapu City, it is advisable to initially consult with a licensed family law attorney to evaluate your situation. You can contact local law firms or the Public Attorney's Office for an initial consultation. Prepare required documents, such as your marriage certificate and proof of grounds for annulment, before your appointment. An attorney will help you file your petition in the appropriate court, potentially guide out-of-court settlements, and represent your interests throughout the proceedings. Being informed and legally prepared ensures the process is handled as efficiently as possible.

Lawzana helps you find the best lawyers and law firms in Lapu-Lapu City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Annulment, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Lapu-Lapu City, Philippines—quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.