Best Divorce & Separation Lawyers in Caloocan City

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Caloocan City
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List of the best lawyers in Caloocan City, Philippines

Atty. Rainier Mamangun

Caloocan City, Philippines

Founded in 2004

25 people in their team

mamangun.lawyer

English

Atty. Rainier Mamangun's Law Office is a full-service firm that provides a full range of legal services for any activity or venture, or any area of interest or concern in the Philippines. Guided by traditional values, but oriented towards present-day solutions, his law firm is composed of lawyers...

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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.

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About Divorce & Separation Law in Caloocan City, Philippines

In the Philippines, divorce is generally not recognized under the law, making it unique compared to many other countries. The legal framework for separation in the Philippines primarily revolves around legal separation, annulment, and nullity of marriage. In Caloocan City, as part of the National Capital Region, these rules apply uniformly. Legal separation allows partners to live apart and settle matters like child custody and property division but does not permit remarriage. Annulment and declaration of nullity cater to void or voidable marriages on specific grounds as outlined by law.

Why You May Need a Lawyer

The process of legal separation or annulment is complex and typically requires a clear understanding of both procedural and substantive legal requirements. People may seek legal advice for various reasons, such as:

Understanding their rights and obligations under the law.
Negotiating the terms of child custody, support, and visitation rights.
Dividing marital assets and liabilities appropriately.
Filing and pursuing cases in court efficiently.
Seeking to annul or declare a marriage null and void on appropriate legal grounds.

Local Laws Overview

The Family Code of the Philippines governs the laws related to marriage, annulment, and separation. Key aspects relevant to residents of Caloocan City include:

Legal Separation: Allows spouses to live separately but does not dissolve the marriage bond, meaning remarriage is prohibited.
Annulment: Addresses marriages with legal defects present at the time of inception, such as lack of parental consent, psychological incapacity, or fraud.
Declaration of Nullity: This involves marriages that are null and void from the start, such as bigamous marriages or those performed without a formal ceremony.

Frequently Asked Questions

How can I file for legal separation in Caloocan City?

You need to file a petition with the appropriate family court in Caloocan City, stating the grounds for legal separation. It is advisable to have a lawyer to navigate this process.

What grounds are acceptable for legal separation under Philippine law?

The grounds include repeated physical violence, drug addiction, habitual alcoholism, lesbianism or homosexuality, and others listed in Article 55 of the Family Code.

Is annulment the same as divorce?

No, annulment voids a marriage due to specific circumstances existing at the time of marriage, while divorce is a dissolution of the marriage bond allowed in many other countries but not in the Philippines.

Can I remarry after annulment in the Philippines?

Yes, once the marriage is annulled, you may legally remarry.

How long does annulment take in the Philippines?

The process can take anywhere from a year to several years, depending on court schedules, the complexity of the case, and proper legal representation.

What are the legal fees involved in annulment?

The costs can vary widely depending on the lawyer and complexity of the case. They typically include filing fees, legal representation, and other court-related expenses.

How can child custody be determined in cases of separation?

Court decisions are typically based on the best interest of the child, considering several factors including the age and preference of the child, and capacity of the parent to support the child.

What happens to the property after legal separation?

The conjugal partnership or absolute community of property will be dissolved and liquidated, after which each spouse receives their share.

What if my spouse disagrees with legal separation?

Legal separation can still be pursued, but the process might become more contentious. It’s crucial to have a competent lawyer.

Can we directly settle the issues between us without legal proceedings?

It’s possible to settle amicably through a separation agreement, but to ensure enforceability and legal protection, it is recommended to have it sanctioned by the court.

Additional Resources

For further assistance or resources, you might consider the following:

The Office of the City Prosecutor in Caloocan City for initial inquiries on legal requirements.
Public Attorney's Office (PAO) for those unable to afford private counsel.
Non-Government Organizations (NGOs) that specialize in family law assistance and counseling.
Family courts in Caloocan City for legal procedures and clarifications.

Next Steps

If you need legal assistance in matters of divorce & separation in Caloocan City, here are a few steps you could follow:

Consult with a lawyer specializing in family law to understand your circumstances and the legal paths available.
Gather relevant documents and evidence that support your case.
Engage legal representation to file petitions and manage court proceedings.
Consider attending mediation sessions if available and appropriate, to resolve disputes outside of court.
Follow through with the legal process diligently, attending necessary court hearings and complying with legal requirements.

Lawzana helps you find the best lawyers and law firms in Caloocan City 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 Divorce & Separation, 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 Caloocan City, 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.