Best Annulment Lawyers in Mandaue City

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Recososa Law Firm

Recososa Law Firm

Mandaue City, Philippines

Founded in 2020
11 people in their team
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?
Annulment
Family
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
Marriage
Family
Divorce & Separation
Annulment
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
Family
Annulment
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 Mandaue City, Philippines:

Annulment is a legal process that declares a marriage null and void, as if it never existed. In Mandaue City, Philippines, annulment falls under the jurisdiction of the Family Court and is governed by the Family Code of the Philippines. Annulment is different from divorce, as divorce dissolves a valid marriage, whereas annulment establishes that the marriage was invalid from the beginning.

Why You May Need a Lawyer:

Seeking legal advice from a lawyer experienced in annulment cases is crucial, as the process can be complex and requires navigating through legal documents and procedures. A lawyer can provide guidance, represent you in court, and ensure that your rights and interests are protected throughout the annulment process. Common situations where you may need a lawyer include issues of fraud, lack of consent, or other grounds for annulment.

Local Laws Overview:

In Mandaue City, Philippines, annulment is governed by the Family Code of the Philippines. The grounds for annulment include psychological incapacity, lack of parental consent, fraud, impotence, and other specific circumstances. The annulment process involves filing a petition in the Family Court, providing evidence to support your case, and attending court hearings. It is important to consult with a lawyer to understand the specific requirements and procedures for annulment in Mandaue City.

Frequently Asked Questions:

1. What are the grounds for annulment in Mandaue City, Philippines?

The grounds for annulment in Mandaue City include psychological incapacity, lack of parental consent, fraud, impotence, and other specific circumstances.

2. How long does the annulment process take in Mandaue City?

The duration of the annulment process can vary depending on the complexity of the case and court backlog. It typically takes several months to several years to complete the annulment process.

3. Do both parties need to agree to an annulment?

No, only one party needs to file a petition for annulment. The other party will have the opportunity to respond and present their side of the case during the court proceedings.

4. Can I file for an annulment without a lawyer in Mandaue City?

While it is possible to file for annulment without a lawyer, it is highly recommended to seek legal advice and representation to navigate the legal process effectively.

5. Will the annulment affect child custody and support in Mandaue City?

Child custody and support are separate legal matters from annulment. The court will determine child custody and support based on the best interests of the child, regardless of the annulment of the marriage.

6. What happens if the annulment petition is denied in Mandaue City?

If the annulment petition is denied, you have the option to appeal the decision or explore other legal remedies. Consulting with a lawyer can help you understand your options in case of a denial.

7. Can I remarry after an annulment in Mandaue City?

Yes, once the annulment is granted and the marriage is declared null and void, you are free to remarry in accordance with the law.

8. What are the costs associated with filing for annulment in Mandaue City?

The costs of filing for annulment in Mandaue City include court fees, legal fees, and other related expenses. The total cost can vary depending on the complexity of the case and the legal representation you choose.

9. Can a foreigner file for annulment in Mandaue City?

Yes, a foreigner can file for annulment in Mandaue City as long as they meet the legal requirements and have a valid reason for seeking annulment under Philippine law.

10. How can I find a reliable lawyer for annulment in Mandaue City?

You can find a reliable lawyer for annulment in Mandaue City by seeking recommendations from friends or family, conducting online research, or contacting legal organizations for referrals.

Additional Resources:

For more information on annulment in Mandaue City, you can contact the Family Court or consult with legal organizations such as the Integrated Bar of the Philippines or the Philippine Bar Association for guidance and assistance.

Next Steps:

If you are considering filing for annulment in Mandaue City, it is important to seek legal advice from a qualified lawyer who specializes in family law. A lawyer can help you understand the legal process, assess your case, and provide representation in court. Take the time to gather necessary documentation and evidence to support your case, and be prepared for the emotional and legal challenges that may arise during the annulment process.

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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.