Best Divorce & Separation Lawyers in Balanga
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Philippines Divorce & Separation Legal Questions answered by Lawyers
Browse our 61 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
- 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.
- 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 [email protected]. Thanks.
- How many years is the process of divorcing?
- Hello and thank you for your enquiry. The length and cost of the divorce process varies depending on the nature of the divorce petition, location of the court and if minor children are involved. For advice tailored to your specific circumstances you may contact a legal practitioner for further information.Please note that the above is general information only and does not constitute legal advice or create attorney client relationship.
About Divorce & Separation Law in Balanga, Philippines
In the Philippines, the legal landscape for divorce is quite unique compared to other countries. The Philippines does not recognize divorce for its citizens (with the exception of Muslims who are governed by a different set of laws). Instead, couples may seek a declaration of nullity of marriage or legal separation. Nullity of marriage treats the marriage as if it never took place, based on certain grounds such as psychological incapacity or lack of a valid marriage license. Legal separation meanwhile allows couples to live apart and divide assets without dissolving the marriage bond.
Why You May Need a Lawyer
Navigating the legal waters of marriage nullity or legal separation in the Philippines can be complex. Here are common situations where legal assistance may be required:
- Filing for Nullity of Marriage: These cases involve proving grounds such as psychological incapacity which usually necessitate expert witness testimony and comprehensive legal documentation. A lawyer is essential in preparing and presenting the case.
- Legal Separation: Issues pertaining to the division of property, custody of children, and financial support require careful legal guidance.
- Custody and Support: If children are involved, a lawyer can help ensure that the best interests of the children are prioritized in terms of custody arrangements and child support.
- Protection Orders: In cases of domestic violence, legal counsel can assist in obtaining necessary protection orders to safeguard the victim and family members.
- Property Issues: Legal advice is crucial in detailing how assets and debts should be equitably distributed.
Local Laws Overview
The legal processes for nullity and legal separation in Balanga, as in the rest of the Philippines, are governed by the Family Code of the Philippines. Key aspects include:
- Grounds for Nullity: These include lack of parental consent (if one party was between 18-21 years at the time of marriage), psychological incapacity, or if one of the parties was already married to someone else.
- Legal Separation Grounds: Adultery, violence, drug addiction, and abandonment are some of the acceptable grounds.
- Community Property: Generally, all property acquired during marriage is considered jointly owned and should be divided equitably if nullity or separation is decreed.
- Custody Considerations: The welfare of minor children is paramount, and custody is ideally awarded to the parent best able to provide for the child's needs.
Frequently Asked Questions
What is the difference between annulment and legal separation?
Annulment nullifies the marriage from the start, as if it never existed, while legal separation does not break the marriage bond but allows couples to live separately and manage properties independently.
Can I file for divorce in Balanga?
Divorce is not recognized in the Philippines for most citizens, but legally married individuals may seek an annulment or legal separation through the courts.
What are the costs involved in filing for a nullity of marriage?
Costs can vary widely but typically include court fees, lawyer's fees, and expenses for expert witnesses. It's advisable to consult a lawyer for a detailed estimate.
How long does the annulment process take?
The process can take anywhere from several months to a few years, depending on the complexity of the case and court docket load.
What is required to prove psychological incapacity?
Proving psychological incapacity typically requires the testimony of a psychologist or psychiatrist, along with other forms of evidence that illustrate the incapacity's root reasons and effects.
Are there any alternatives to annulment if divorce is not an option?
Couples may opt for a legal separation or simply choose to live separately without legal proceedings, though their marriage remains legally valid.
What happens to our children after separation?
Parental custody arrangements are determined with the child's best interests in mind, potentially involving court mediation to agree on living arrangements and support.
Will I automatically lose custody of my children?
No, custody is not automatically transferred during divorce or separation. Courts generally prioritize the child's welfare and well-being in making custody decisions.
Can I change my name back to my maiden name after annulment?
Yes, women who have had their marriage nullified can legally revert to their maiden name by updating their civil status with government institutions.
What can I do if my spouse refuses to cooperate with the legal process?
If a spouse is uncooperative, proceedings can still continue with a lawyer's assistance, though it may complicate and prolong the process.
Additional Resources
It's important to have access to resources that can provide support and additional information. Here are some helpful contacts:
- Public Attorney's Office (PAO): Provides legal assistance to individuals who cannot afford private counsel.
- Department of Social Welfare and Development (DSWD): Offers family counseling and support services.
- Office of the City Civil Registrar of Balanga: For matters regarding birth, marriage, and annulment paperwork.
Next Steps
If you need legal assistance in the matter of Divorce & Separation in Balanga, consider taking the following steps:
- Consult a family law attorney to understand your legal rights and possible courses of action.
- Prepare necessary documentation and evidence to support your case, such as marriage certificates, evidence of grounds for annulment or separation, etc.
- Explore mediation and counseling options, especially if children are involved, to reach amicable agreements with your spouse.
- File relevant petitions through your lawyer, who will guide you through the required legal and court processes.
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.