You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...
Best Divorce & Separation Lawyers in Baguio City
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Full-Service Law Office in Baguio City, Philippines.Legal Services Offered:For Foreigners and Overseas Filipino Workers:Philippine Visa Application For Foreign SpouseLand and Real Ownership in the Philippines for Foreigners and Overseas Filipino WorkersBusiness and Corporation ownership for...
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Philippines Divorce & Separation Legal Questions answered by Lawyers
Browse our 62 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
- Cohabitation
- Greetings!From your statement and narration, I am assuming that you are referring to the Filipina woman that you were cohabiting, correct? If so, considering that you are not married to her, there is no financial obligation for you to provide a settlement for her, more so that you are not in any way obligated to provide her a house. If the condominium unit is under your name, you can legally eject her from said condominium, of course, we have to follow the legal requirements needed to do so. She has no right whatsoever to be there since you are not married. This appears to be a simple case of extortion.Women here right now uses the VAWC or Violence against women and their children act as a threat to men in getting what they want. Fortunately, now, the indictment of criminal cases has become more strict as people tend to abuse our laws using them as leverage to exact whatever they want from the other party.If you have other concerns, you may email us at judicialadvocacylawoffices1527@gmail.com or you may call us at 09542639502. Thank you. Atty. LM Gonzales
- 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.
- I am a foreigner what is the quickest to get my foreign divorce recognized
- Hi, this is Atty. Roque. You need to file a Petition for Recognition of your divorce decree. You may email us at eroquelaw@gmail.com. Thanks.
Family
Divorce & Separation
Marriage
Family
Divorce & Separation
Annulment
Divorce & Separation
Family
About Divorce & Separation Law in Baguio City, Philippines
In the Philippines, divorce is generally not recognized under national law, except for Muslims who are governed by the Code of Muslim Personal Laws. Instead, the processes commonly dealt with in the realm of marital dissolution are annulment and legal separation. Baguio City, being part of the Philippines, follows these national guidelines. Annulment declares a marriage null and void as if it never happened, whereas legal separation allows spouses to live separately but does not dissolve the marriage bond, preventing either party from remarrying. Each process involves legal proceedings that can be complex and potentially lengthy.
Why You May Need a Lawyer
Seeking a lawyer becomes crucial in the following scenarios during divorce and separation processes:
- Understanding Legal Rights: A lawyer can help clarify your legal rights and obligations under the current laws.
- Filing the Case: Preparing petitions for annulment or legal separation requires detailed legal knowledge to ensure correctness and avoid dismissals.
- Custody and Support Issues: Resolving disputes concerning child custody, visitation rights, and financial support can benefit from legal expertise.
- Division of Assets: Legal advice is often needed to fairly divide marital property and address financial considerations post-separation.
- Mentally and Emotionally Loaded Situations: Emotional distress during separation can cloud judgment, where a lawyer's objective standpoint can provide stability.
- Settling Disputes: A lawyer can help negotiate terms or represent you in court to reach a fair settlement.
Local Laws Overview
Baguio City adheres to national Philippine laws regarding divorce and separation. The key aspects to consider are:
- Annulment Grounds: Grounds include lack of parental consent, psychological incapacity, fraud, and coercion at the time of marriage.
- Legal Separation Grounds: Grounds might include repeated physical violence, drug addiction, abandonment, or infidelity, among others.
- Custody Considerations: Custody decisions consider the child's welfare, best interests, and age, with a bias towards maternal custody in tender years.
- Property Division: Properties acquired during the marriage are generally divided according to the property regime governing the marriage.
Frequently Asked Questions
What are the differences between annulment and legal separation?
Annulment dissolves marriage making it null and void. Legal separation allows spouses to live apart but doesn’t end the marriage, so they cannot remarry.
How long does an annulment process typically take in Baguio City?
The annulment process can vary in length, often taking around two to four years, depending largely on the complexity of the case and the court's caseload.
Is it possible to get a divorce in Baguio City?
Divorce is not recognized in the Philippines except under specific provisions for Muslims. Alternatives like annulment are available for nullifying marriages.
Can I get child custody in Baguio if I file for legal separation?
Court decisions on child custody are based on the child's best interests considering factors like parental capability, the child's age, and welfare needs.
What assets are subject to division during separation?
Assets acquired during the marriage fall under the conjugal property subject to division, depending on the prevailing property regime such as absolute community of property or conjugal partnership of gains.
Do both spouses need to agree to get an annulment?
While it's not necessary for both parties to agree, the court must be convinced that annulment grounds are met. Disagreements could prolong proceedings.
How much does an annulment process typically cost?
The costs can vary significantly, ranging from PHP 150,000 to PHP 300,000 or more, depending on lawyer fees and case complexity.
Is mediation required in processes of annulment or separation?
Courts often encourage mediation or family counseling in hopes of reconciling the parties, especially when children are involved.
Can legal separation lead to annulment eventually?
Legal separation doesn’t automatically lead to annulment. They are distinct legal processes, although the circumstances might necessitate an annulment later.
Is spousal support mandatory after a separation?
Maintenance and support are reliant on court decisions, which assess the financial capacity and need of the parties involved.
Additional Resources
For additional help, the following resources and contacts can be valuable:
- Public Attorney’s Office. Provides free legal assistance to qualified individuals.
- Department of Social Welfare and Development (DSWD). Offers family and psychological support services.
- Clerks of Court in RTC, Baguio City. For administrative assistance related to court filings.
- Integrated Bar of the Philippines. Offers lawyer referrals and legal advice.
Next Steps
If you require legal assistance in dealing with divorce or separation, consider taking the following steps:
- Consult a Lawyer: Engage with a local attorney specializing in family law to discuss your case specifics.
- Prepare Documents: Gather all necessary documents, such as marriage certificates, financial records, and any other pertinent details.
- Attend Counseling: Seek counseling services to help manage the emotional aspects of separation.
- File Necessary Petitions: Work with your lawyer to file the necessary legal documents for annulment or separation.
- Engage in Mediation: Be open to mediation, especially when children or significant property issues are involved.
Engaging a qualified attorney and equipping yourself with understanding will significantly smoothen the process of navigating divorce and separation in Baguio City.
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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.
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.