Best Annulment Lawyers in Mandaluyong City
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List of the best lawyers in Mandaluyong City, Philippines
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]
About Annulment Law in Mandaluyong City, Philippines
Annulment, unlike divorce which does not exist in the Philippines due to the enduring influence of the Catholic Church, is a recognized and commonly used legal action to dissolve marriages. In the legal perspective, an annulment is a court decree declaring that a marriage is null and void. It effectively asserts that the marriage never existed at all. In Mandaluyong City, one of the sixteen cities that make up Metro Manila, annulment proceedings are carried out under the Family Code of the Philippines and can be a complex process involving significant emotional and financial investment.
Why You May Need a Lawyer
The annulment process in Mandaluyong City involves multifaceted legal requirements and processes. You may need a lawyer for understanding the grounds on which you can file an annulment, gathering necessary documents, drafting the petition, representing you in court proceedings, and making sure everything complies perfectly with the law. Additionally, a lawyer helps in negotiations and arrangements about properties, financial resources, and custody of children if any. Annulments also involve psychological assessments, which would be difficult to navigate without professional legal help.
Local Laws Overview
In Mandaluyong City, as well as across the Philippines, an annulment can be filed on specific grounds only. These include psychological incapacity, fraud, forced consent, physical incapacity to consummate marriage, serious sexually transmitted diseases, and intergender cases. Proof for these grounds necessitates tangible and credible evidence which can withstand the judicial process. In addition, the petitioner must show that the marital discord is severe and irreparable. The annulment process can take from one to two years or more, depending on the particularities of the case.
Frequently Asked Questions
1. How long does an annulment process take in Mandaluyong City?
Usually, an annulment may take anywhere from 1 to 2 years or more depending on the case's circumstances, complexity and court's schedule.
2. Can I remarry after getting an annulment?
Yes, once an annulment is granted under Philippine law, you are free to remarry.
3. What evidence do I need to provide for an annulment?
Your lawyer will guide you about the specific pieces of evidence required, which could include text messages, emails, or proof of psychological incapacity, among others.
4. Is there a residency requirement for filing an annulment?
Yes, either you or your spouse must have been a resident of the Philippines for at least six months before filing the annulment.
5. What is the cost of filing an annulment?
The cost varies depending on various factors like lawyer's fees, filing charges, etc. It usually starts around PHP100,000 and can go higher depending on the complexity of the case.
6. Can foreigners file for an annulment in the Philippines?
Yes, foreigners are allowed to file for an annulment in the Philippines if they were married in the country or their spouse is a Philippine citizen or a resident FOREIGNER.
7. What happens to the children and properties after an annulment?
Child custody, visitation rights, and distribution of properties will be determined by the court during the annulment proceedings.
8. Are annulments publicized in newspapers?
Yes, part of the annulment procedure is the mandatory publication in a newspaper as part of the due process of law in the Philippines.
9. Can my spouse oppose my petition for an annulment?
Yes, your spouse has the right to oppose your petition, and legal steps can be taken by him or her to defend against the annulment.
10. Can I file for an annulment without a lawyer?
While it is possible technically, it's not recommended. The annulment process in the Philippines involves intricate legal complexities and procedures that fall within the expertise of a lawyer.
Additional Resources
For more information and assistance regarding annulments, the Mandaluyong City Legal Office, the Philippine Psychiatric Association, and the Integrated Bar of the Philippines provide various resources and help. Also, the Philippine e-Library and the official gazette's online version, offer rich information about various statutes and regulations relevant to annulments.
Next Steps
If you need legal assistance for an annulment, approach a lawyer who specializes in Family Law in the Philippines. They will guide you through understanding and gathering what's needed, filing the petition, and the subsequent legal process. You can also prepare yourself emotionally and mentally with help from counseling or support groups as annulment can have significant emotional impact.
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.