How can i file annulment case?

File petition for declaration of nullity of marriage at the family court in the place where you reside, detailing the grounds why you want your marriage annulled.

Hello:
Atty. Jofre here. Presuming this is under Philippine jurisdiction, I will answer you clearly and realistically, because annulment is often misunderstood and many people waste time and money by starting it the wrong way.
Firstly, a very important clarification.
In the Philippines, there is technically no divorce for Filipino citizens.
What is commonly called “annulment” is usually either a.) Declaration of Nullity of Marriage or b.) Annulment of Marriage.
For cases like yours, where you were married validly and later separated, the correct and most viable remedy is a Declaration of Nullity of Marriage based on Psychological Incapacity under Article 36 of the Family Code.
Long separation alone, even for 11 years with no contact, is not a legal ground by itself, but it is very strong supporting evidence.
Secondly, whether your situation qualifies.
Being separated for 11 years with absolutely no contact strongly supports a finding of psychological incapacity, especially if one spouse abandoned marital obligations such as cohabitation, support, fidelity, and shared decision making.
Courts look at the totality of circumstances, not just medical labels.
Emotional abandonment, irresponsibility, refusal to communicate, and inability to function as a spouse can qualify as psychological incapacity if properly alleged and proven.
Thirdly, the step by step process.
a.) We conduct an in depth case assessment interview to establish the factual basis of psychological incapacity, including the history of your relationship before marriage, during marriage, and after separation.
b.) We prepare and file a Petition for Declaration of Nullity of Marriage before the Regional Trial Court with proper jurisdiction.
c.) The court will require a psychological evaluation, not just of you but of the marital dynamics.
This is done through a licensed psychologist or psychiatrist whose report will be presented in court.
d.) There will be hearings where you testify, the psychologist testifies, and the Office of the Solicitor General participates to ensure the case is not collusive.
e.) If granted, the court issues a Decision declaring the marriage null, which will then be registered with the Local Civil Registry and the Philippine Statistics Authority.
Fourthly, on timeline and cost, honestly speaking.
Annulment or nullity cases usually take around 1 to 3 years depending on the court, cooperation of witnesses, and completeness of evidence.
Cost varies, but this is not a cheap process because it involves court appearances, psychological evaluation, and professional fees.
Be cautious of anyone promising a “quick” or “guaranteed” annulment.
Fifthly, on property and investments.
Right now, since the marriage still legally exists, properties you acquire may be presumed part of the absolute community or conjugal partnership, depending on when you married.
Once the marriage is declared null, you regain full legal capacity to acquire property solely under your name without marital complications.
This is a valid and practical reason to pursue annulment, and courts recognize this reality.
Sixthly, on what you should prepare now.
You should gather your Marriage Certificate, any proof of long separation, such as messages, affidavits of friends or family, proof of no support or no contact, and any documents showing abandonment or marital dysfunction.
My candid opinion, Atty. Jofre speaking, is this.
An 11 year separation with zero contact is not a weak case.
It is a strong factual foundation if framed properly under psychological incapacity.
What matters is how the story is legally told and proven in court.
I am the owner and Managing Partner of Recososa Law Firm, based in the Philippines, with offices in Luzon, Visayas, and Mindanao.
We handle annulment and declaration of nullity cases nationwide.
We can assess your case properly, explain your chances honestly, and guide you from filing up to registration of the court decision.
We can schedule an initial consultation via Google Meet or Zoom, or a physical consultation at any of our offices.
Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner and Managing Partner
Recososa Law Firm