Best Annulment Lawyers in Marikina City
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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 recososalawfirm@gmail.com.We 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 recososalawfirm@gmail.com.We 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 talampasandassociates@yahoo.com
About Annulment Law in Marikina City, Philippines:
Annulment is a legal process in Marikina City, Philippines that declares a marriage null and void, as if it never existed. This is different from a divorce, which legally ends a valid marriage. Annulment is typically sought for various reasons such as fraud, mental incapacity, or lack of parental consent. To proceed with an annulment in Marikina City, it is advisable to seek the assistance of a legal professional who specializes in family law.
Why You May Need a Lawyer:
It is recommended to seek legal assistance in the process of annulment in Marikina City for various reasons. Some common situations where you may need a lawyer include:
- Understanding the complex legal requirements for annulment
- Gathering relevant evidence to support your case
- Negotiating with the other party or their legal representation
- Ensuring that your rights are protected throughout the legal process
Local Laws Overview:
In Marikina City, Philippines, annulment falls under the jurisdiction of the Family Court. The Family Court handles cases related to family matters, including annulment, child custody, and support. The grounds for annulment in Marikina City may include psychological incapacity, fraud, and lack of parental consent. The legal process for annulment can be complex and time-consuming, requiring the expertise of a lawyer familiar with local laws and procedures.
Frequently Asked Questions:
1. What are the grounds for annulment in Marikina City?
The grounds for annulment in Marikina City may include psychological incapacity, fraud, lack of parental consent, and other circumstances that render the marriage void or voidable.
2. How long does the annulment process take in Marikina City?
The annulment process in Marikina City can vary in duration depending on the complexity of the case and the cooperation of both parties. It can take several months to years to complete.
3. Do both parties need to agree to an annulment in Marikina City?
No, both parties do not need to agree to an annulment in Marikina City. If one party can prove valid grounds for annulment, the court may grant the petition without the consent of the other party.
4. Can I file for an annulment without a lawyer in Marikina City?
While it is possible to file for an annulment without a lawyer in Marikina City, it is highly recommended to seek legal assistance to navigate the complexities of the legal process and ensure the best possible outcome.
5. What documents are required for an annulment in Marikina City?
Documents required for an annulment in Marikina City may include a petition for annulment, marriage certificate, evidence supporting the grounds for annulment, and other relevant documents depending on the specific circumstances of the case.
6. Will an annulment affect custody arrangements in Marikina City?
Yes, the court will consider custody arrangements for any children of the marriage as part of the annulment process in Marikina City. The best interests of the child will be the primary consideration in determining custody.
7. Can I remarry after obtaining an annulment in Marikina City?
Yes, after obtaining an annulment in Marikina City, you are free to remarry as if the previous marriage never existed.
8. What are the legal fees associated with an annulment in Marikina City?
The legal fees for an annulment in Marikina City can vary depending on the complexity of the case and the services of the legal professional hired. It is advisable to discuss fees with your lawyer upfront.
9. Can I appeal a decision in an annulment case in Marikina City?
Yes, you have the right to appeal a decision in an annulment case in Marikina City if you believe there are legal grounds for challenging the court's ruling.
10. How can I find a reputable lawyer for my annulment case in Marikina City?
You can find a reputable lawyer for your annulment case in Marikina City by asking for recommendations from friends, family, or colleagues, researching online, or contacting the Integrated Bar of the Philippines for a list of qualified legal professionals specializing in family law.
Additional Resources:
For more information and assistance with annulment in Marikina City, you can contact the Family Court, Integrated Bar of the Philippines - Marikina City Chapter, or seek the services of a reputable family law attorney in the area.
Next Steps:
If you are considering an annulment in Marikina City, Philippines, it is important to seek legal advice from a knowledgeable and experienced attorney who can guide you through the process and protect your rights. Contact a legal professional specializing in family law to discuss your options and determine the best course of action for your situation.
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.