Best Divorce & Separation Lawyers in Cagayan de Oro
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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 Cagayan de Oro, Philippines:
Divorce is not legal in the Philippines, including Cagayan de Oro. However, legal separation is available as an option for married couples who wish to separate. Legal separation allows couples to live separately while maintaining the legal status of marriage. This can involve issues such as child custody, division of property, and financial support. It is important to understand the laws and procedures governing legal separation in Cagayan de Oro if you are considering this option.
Why You May Need a Lawyer:
There are several situations where you may need a lawyer for assistance with legal separation in Cagayan de Oro. This can include negotiating child custody arrangements, dividing marital assets, determining financial support, and ensuring that your rights are protected throughout the process. A lawyer can provide guidance on your legal options, help you navigate the legal system, and represent your interests in court if necessary.
Local Laws Overview:
In Cagayan de Oro, legal separation is governed by the Family Code of the Philippines. This code outlines the procedures and requirements for legal separation, as well as the rights and responsibilities of both spouses during the separation. It is important to be familiar with these laws to ensure that your legal separation is carried out properly and fairly.
Frequently Asked Questions:
1. Can I get a divorce in Cagayan de Oro?
No, divorce is not legal in the Philippines, including Cagayan de Oro. Legal separation is the only option for married couples who wish to separate.
2. What is the process for legal separation in Cagayan de Oro?
The process for legal separation involves filing a petition with the court, attending mediation or counseling sessions, negotiating the terms of the separation, and obtaining a court judgment. It is recommended to consult with a lawyer to guide you through this process.
3. How is child custody determined in legal separation cases?
Child custody arrangements are typically determined based on the best interests of the child. Factors such as the child's age, relationship with each parent, and living situation are taken into consideration when determining custody.
4. What happens to shared property in a legal separation?
Shared property is typically divided equitably between the spouses during legal separation. This can include assets such as real estate, vehicles, bank accounts, and other valuable possessions.
5. Do I need to appear in court for legal separation proceedings?
It is possible that you may need to appear in court for legal separation proceedings, especially if there are contested issues that need to be resolved. Your lawyer can advise you on whether a court appearance is necessary in your case.
6. How long does legal separation take in Cagayan de Oro?
The length of time for legal separation can vary depending on the complexity of the case and whether there are any contested issues. It is advisable to consult with a lawyer to get a better understanding of the timeline for your specific situation.
7. Can I modify the terms of legal separation once it is finalized?
It is possible to modify the terms of legal separation, such as child custody arrangements or financial support, under certain circumstances. A lawyer can help you navigate the process for modifying a court judgment.
8. What are the grounds for legal separation in Cagayan de Oro?
The grounds for legal separation in Cagayan de Oro are outlined in the Family Code of the Philippines. Common grounds include infidelity, physical or emotional abuse, abandonment, and drug addiction.
9. How much does it cost to hire a lawyer for legal separation in Cagayan de Oro?
The cost of hiring a lawyer for legal separation can vary depending on the complexity of your case and the lawyer's experience. It is recommended to discuss fees and payment options with your lawyer before proceeding with legal representation.
10. Are there alternatives to legal separation in Cagayan de Oro?
Mediation and counseling are alternative options to legal separation for married couples who wish to resolve their differences amicably. These processes can help couples come to agreements on issues such as child custody and division of property without going to court.
Additional Resources:
If you are in need of legal assistance for divorce or separation in Cagayan de Oro, you may contact the Integrated Bar of the Philippines - Cagayan de Oro City Chapter for a list of qualified lawyers who specialize in family law. You can also seek guidance from the Department of Social Welfare and Development (DSWD) for support services related to separation and child custody issues.
Next Steps:
If you are considering legal separation in Cagayan de Oro, it is advisable to consult with a lawyer who specializes in family law to understand your rights and options. A lawyer can help you navigate the legal process, negotiate with your spouse, and advocate for your interests in court if necessary. Be sure to gather all relevant documents and information related to your marriage before meeting with a lawyer to ensure that you are well-prepared for your consultation.
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.