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Philippines Divorce & Separation Legal Questions answered by Lawyers

Browse our 42 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.

Marriage
Marriage
Divorce & Separation
Please contact us at [email protected] or call us at 09189395137You can also visit us at:Unit 1, Dictum Bldg. Crispina Ave. Las Piñas Village,Pamplona Tres, 1740 Las Piñas City, Metro ManilaAtty. Narag
How long does an annulment of marriage usually take?
Marriage
Divorce & Separation
Hi. Please visit our law office so that we can walk you through the process. We are here in Room 300-D, 3rd Floor, GMC Plaza, in front of Plaza Independencia, Cebu City.  
The divorce in the Philippines is already approved can apply
Marriage
Divorce & Separation
There is currently no absolute divorce in the Philippines.  What we have is annulment or declaration of nullity of marriage. A case for annulment or a declaration of nullity of marriage is filed at the Regional Trial Court of the place of your residence in the Philippines or that of your spouse.  The ground usually used as basis for this  is Psychological Incapacity under Article 36 of the Family Code. Psychological Incapacity means the failure to understand and comply with the essential marital obligations of living together and observing mutual love, respect and fidelity owing to a psychological cause. The manifestations of psychological incapacity could range from sexual abuse or infidelity, physical or psychological abuse, sexual perversion, homosexuality, abandonment, refusal to give support, refusal to cohabit, drug addiction, alcoholism, excessive jealousy and extreme indolence or laziness. However, if you are a foreigner who has secured a valid divorce abroad, you have the option of filing a Petition for Recognition of Foreign Divorce with the Regional Trial Court.

About Divorce & Separation Law in Cavite City, Philippines:

Divorce is not legally recognized in the Philippines, including Cavite City. However, legal separation is an option for couples who wish to formally separate and divide their assets. Legal separation allows couples to live apart and separate their finances without ending their marriage. If you are considering separation or divorce, it is important to understand the legal implications and seek legal advice.

Why You May Need a Lawyer:

You may need a lawyer if you are considering legal separation, negotiating child custody and support, dividing assets, or dealing with other legal matters related to divorce or separation. A lawyer can help you navigate the complex legal system, protect your rights, and ensure that your interests are represented.

Local Laws Overview:

In Cavite City, legal separation is governed by the Family Code of the Philippines. It allows couples to file a petition for legal separation on grounds such as adultery, abuse, or abandonment. Legal separation does not dissolve the marriage, but it does allow couples to live separately and divide their assets. It is important to consult with a lawyer to understand the specific regulations and procedures in Cavite City.

Frequently Asked Questions:

Q: Can I get a divorce in Cavite City?

A: No, divorce is not legal in the Philippines, including Cavite City. However, legal separation is an option for couples who wish to formally separate.

Q: How do I file for legal separation in Cavite City?

A: To file for legal separation, you will need to consult with a lawyer and file a petition with the court. The court will then review your case and make a decision based on the grounds for legal separation.

Q: What are the grounds for legal separation in Cavite City?

A: Grounds for legal separation in Cavite City include adultery, abuse, abandonment, and other specified reasons outlined in the Family Code of the Philippines.

Q: How long does legal separation take in Cavite City?

A: The timeline for legal separation varies depending on the complexity of the case and the court's schedule. It is important to consult with a lawyer to understand the specific timeline for your situation.

Q: Can I get child support or custody through legal separation in Cavite City?

A: Yes, legal separation allows for the establishment of child support and custody arrangements. A lawyer can help you negotiate these arrangements and ensure that your children's best interests are protected.

Additional Resources:

If you are in need of legal assistance for divorce or separation in Cavite City, you can contact the Integrated Bar of the Philippines or the Public Attorney's Office for referrals to experienced family law attorneys. Additionally, you may find helpful information on the website of the Supreme Court of the Philippines.

Next Steps:

If you are considering legal separation or divorce in Cavite City, it is important to consult with a qualified family law attorney who can guide you through the process and protect your rights. Do not hesitate to seek legal advice and representation to ensure the best possible outcome for your case.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.