Best Annulment Lawyers in San Juan

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List of the best lawyers in San Juan, Philippines

king law offices

San Juan, Philippines

Founded in 1994

English

King Cabangon King & King Law Offices, established in 1994 by Atty. George L. King, is a full-service law firm based in Quezon City, Philippines. The firm has expanded to include partners Atty. Sed A. Cabangon, Atty. Karl Edward C. King, and Atty. Keith Elbert C. King, each bringing extensive...

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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 San Juan, Philippines

Annulment is a legal procedure that declares a marriage null and void, as if it never took place. In the Philippines, annulment is a civil case filed in the Regional Trial Court. Unlike divorce, which dissolves a valid marriage, an annulment treats the marriage as if it never existed. This legal remedy is governed by the Family Code of the Philippines and is applicable across the country, including San Juan. Common grounds for annulment include psychological incapacity, lack of parental consent, and fraud, among others. The process can be complex and lengthy, requiring expert legal guidance.

Why You May Need a Lawyer

Annulment cases are often intricate and require the assistance of a proficient lawyer to ensure that the proceedings are smooth and successful. You may need legal help in the following situations:

Determining valid grounds for annulment
Presenting evidence and documentation to support your case
Navigating the complex legal procedures involved
Representing you in court hearings
Providing guidance on child custody and property division associated with annulment

An experienced lawyer will help protect your rights and interests throughout the process.

Local Laws Overview

The key aspects of annulment laws in San Juan, which follow those of the Family Code of the Philippines, include:

Grounds for Annulment: These include lack of parental consent, psychological incapacity, fraud, force or intimidation, impotence, and sexually transmitted diseases.
Legal Procedures: It involves the filing of a petition, presentation of evidence, and attending court hearings.
Psychological Evaluation: Often required, especially in cases involving claims of psychological incapacity.
Child Custody and Support: The welfare of children is a paramount consideration, and issues regarding custody, support, and visitation rights are determined by the court.
Property Distribution: The court will decide on the division of conjugal properties, if applicable.

Frequently Asked Questions

What is the difference between an annulment and a legal separation?

An annulment declares a marriage void whereas a legal separation does not dissolve the marriage but legalizes separation in terms of cohabitation, property relations, and financial responsibilities.

How long does the annulment process take?

The duration can vary but typically ranges from one to two years, depending on court availability and complexity of the case.

What are the costs involved in filing an annulment?

Costs can include filing fees, attorney's fees, psychological evaluation fees, and other related expenses. These can vary significantly based on the specifics of the case.

Can both spouses seek an annulment?

Yes, either spouse can file for annulment if valid grounds exist.

Is the decision of an annulment final?

The court’s decision can be appealed. However, once the decision is final and executory, it is considered conclusive unless voided by the Supreme Court.

Can I remarry after an annulment?

Yes, once the annulment is granted and the decision is final, you can legally remarry.

What happens to our children if the marriage is annulled?

Children born within an annulled marriage are considered legitimate, and issues of custody, support, and visitation will be resolved by the court.

Do I need a lawyer to file for an annulment?

While it's not mandatory, it’s highly advisable to have a lawyer guide you through this complex process for better chances of success.

What is psychological incapacity?

Psychological incapacity refers to a mental condition rendering a spouse unable to perform the essential marital obligations, and must be proven by evidence often requiring a psychological evaluation.

Can we get an annulment based on mutual consent?

No, mutual consent is not one of the legal grounds for annulment under the Family Code of the Philippines.

Additional Resources

Several governmental bodies and organizations can provide assistance and more information regarding annulment:

Office of the Solicitor General
Family Court of San Juan
Philippine Statistics Authority (for certification needs)
Local government family services offices
Legal aid societies providing resources for those unable to afford private legal counsel

Next Steps

If you are considering an annulment in San Juan, Philippines, it is crucial to consult with a qualified family law attorney who can guide you through your options and the legal process. Begin by scheduling a consultation with a lawyer who specializes in family law to discuss your specific circumstances. Gather relevant documents such as marriage certificates and any evidence supporting your case. Considering the complexity of annulment, having professional legal support is invaluable in navigating the process.

Lawzana helps you find the best lawyers and law firms in San Juan 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 San Juan, 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.