
Best Divorce & Separation Lawyers in Cebu City
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List of the best lawyers in Cebu City, Philippines


Bathan & Associates
Fornolles & Musong Law Firm

Lepiten and Bojos Law Offices

Cedeño Law Office

KVP Cabahug; Amigo- Escobar & Partners Law

BERONGOY & MONTECLAR LAW FIRM

Elnar Lape Lastimoso & Associates - Law Firm in Cebu City Philippines | Cebu Lawyers I Cebu Attorneys | Cebu Legal Services

OBO Law
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 Cebu City, Philippines
The Philippines stands as the only country in the world - other than the Vatican - where divorce is still not legal. However, options such as legal separation, annulment and a declaration of nullity of marriage do exist. Legal separation allows the spouses to live separately but they can't remarry, while an annulment makes a marriage null and void due to circumstances like fraud or psychological incapacity. Cebu City, being a major urban center, follows these national laws.
Why You May Need a Lawyer
Legal representation in any form of marital separation can be crucial, especially in managing issues such as child custody, spousal support, and division of assets. Annulments, legal separations, and declarations of nullity require tangible evidence that needs to be presented efficiently. A lawyer can help you understand your rights, navigate the complexities of the law, and represent your best interests in court.
Local Laws Overview
Philippine laws, and hence Cebu City laws, cite several grounds for legal separation and annulment, including physical abuse, drug addiction, abandonment, sexual infidelity, and attempted murder among others. Under the Family Code of the Philippines, property relations, child custody and support are discussed extensively. In the absence of any marriage settlements, the system of absolute community of property applies.
Frequently Asked Questions
1. Can I remarry after legal separation?
Under Philippine law, remarriage is not permissible after legal separation as the marriage bond is not dissolved. Only an annulment or a declaration of nullity can allow one to remarry.
2. What is the difference between annulment and a declaration of nullity?
An annulment implies that a marriage was valid when entered into, but subsequently becomes invalid due to conditions like fraud or lack of parental consent. A declaration of nullity, on the other hand, states the marriage was never valid, such as when one or both parties are psychologically incapable to fulfill matrimonial obligations.
3. How long does the process of legal separation or annulment take?
The process can take anywhere from 6 months to several years, depending on the complexity of the issues involved and the efficiency of the judicial system.
4. Do I need to appear personally in court?
Yes. Personal testimony is required in cases of legal separation or annulment. Failure to appear can result in your petition being dismissed.
5. What happens to our property after legal separation or annulment?
Typically, the property is divided between the spouses equally, unless otherwise stipulated in the marriage settlement or in the absence of said settlement, mutual agreement between parties.
Additional Resources
You can seek guidance from government bodies such as the Department of Social Welfare and Development, Philippine Commission on Women, and the Public Attorney’s Office. Numerous NGOs also provide counsel and support to those in need of marriage counselling or legal services relating to separation or annulment.
Next Steps
If you believe you need legal advice regarding separation or divorce, the first step is to consult with a legal professional who specializes in Family Law. Prepare all relevant documents and a chronology of significant events. The lawyer can then provide legal advice tailored to your unique circumstances.
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.