Best Divorce & Separation Lawyers in City of Muntinglupa
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List of the best lawyers in City of Muntinglupa, Philippines
Philippines Divorce & Separation Legal Questions answered by Lawyers
Browse our 62 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
- Cohabitation
- Greetings!From your statement and narration, I am assuming that you are referring to the Filipina woman that you were cohabiting, correct? If so, considering that you are not married to her, there is no financial obligation for you to provide a settlement for her, more so that you are not in any way obligated to provide her a house. If the condominium unit is under your name, you can legally eject her from said condominium, of course, we have to follow the legal requirements needed to do so. She has no right whatsoever to be there since you are not married. This appears to be a simple case of extortion.Women here right now uses the VAWC or Violence against women and their children act as a threat to men in getting what they want. Fortunately, now, the indictment of criminal cases has become more strict as people tend to abuse our laws using them as leverage to exact whatever they want from the other party.If you have other concerns, you may email us at [email protected] or you may call us at 09542639502. Thank you. Atty. LM Gonzales
- 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.
About Divorce & Separation Law in City of Muntinglupa, Philippines
Divorce and separation laws in the City of Muntinglupa, Philippines govern the legal processes and procedures when couples decide to end their marriage or live separately. It is important to be aware of these laws to understand your rights and obligations during this challenging time.
Why You May Need a Lawyer
There are several situations where seeking legal help in divorce and separation is highly recommended:
- If your spouse has hired a lawyer
- If you are facing complex legal issues during divorce or separation
- If you have concerns about child custody or support
- If you need assistance in negotiating a fair division of assets and liabilities
- If you are unfamiliar with the legal process and require guidance
Local Laws Overview
Key aspects of local laws related to divorce and separation in the City of Muntinglupa, Philippines include:
- Annulment: In the Philippines, divorce is not recognized, but under certain circumstances, annulment may be sought to declare a marriage null and void.
- Legal Separation: Couples may file for legal separation, which allows them to live separately without ending the marriage. This includes matters such as dividing properties, child support, and custody arrangements.
- Residency Requirements: One or both spouses must be a resident of Muntinglupa for at least six months before filing for divorce or legal separation.
- Mediation: Mediation may be encouraged to settle disputes amicably before resorting to court proceedings.
- Spousal Support: The court may determine spousal support based on various factors including the needs and financial capacity of both spouses.
Frequently Asked Questions
Q: Can I get a divorce in Muntinglupa?
A: No, divorce is not recognized in the Philippines. However, annulment and legal separation are available options to end a marriage.
Q: What is the process for seeking an annulment?
A: To seek an annulment, you must file a petition with the Regional Trial Court. The court will evaluate the grounds for annulment, such as lack of consent or mental incapacity. It is advised to consult with a lawyer experienced in family law to guide you through the process.
Q: How does legal separation work in Muntinglupa?
A: Legal separation allows couples to live separately while retaining the marriage bond. A petition must be filed, and issues such as property division, child custody, and support will be determined by the court.
Q: Can I get custody of my children after divorce or separation?
A: The court prioritizes the best interests of the children when deciding custody. Factors such as the child's age, preference, and the ability of each parent to provide for their needs will be considered.
Q: Are there alternatives to court litigation for resolving disputes?
A: Yes, couples may opt for mediation or alternative dispute resolution methods to negotiate and settle issues amicably without going through lengthy court processes.
Additional Resources
For more information or legal assistance regarding divorce and separation in Muntinglupa, you may contact:
- The Integrated Bar of the Philippines (IBP) Muntinglupa Chapter
- Muntinglupa City Hall Legal Department
- Philippine Association of Family and Child Lawyers
- Department of Social Welfare and Development (DSWD)
Next Steps
If you require legal assistance and advice regarding divorce and separation in Muntinglupa, it is recommended to consult with an experienced family law attorney. They will help you understand your rights, guide you through the legal process, and protect your interests.
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.