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NARAG LAW OFFICE

NARAG LAW OFFICE

Dasmarinas, Philippines

Founded in 2015
12 people in their team
You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for...

Philippines Divorce & Separation Legal Questions answered by Lawyers

Browse our 41 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 Dasmarinas, Philippines

Divorce & Separation in Dasmarinas, Philippines refer to the legal processes involved in legally ending a marriage or separating spouses. It is essential to understand the local laws and procedures to navigate through this challenging time. This guide aims to provide you with an overview of Divorce & Separation law in Dasmarinas, Philippines, and answer common questions you may have.

Why You May Need a Lawyer

Hiring a lawyer experienced in Divorce & Separation cases can significantly benefit you in various situations, including:

  • Complex Financial Issues: When there are significant assets, debts, or disputes over property division, a lawyer can protect your rights and ensure a fair settlement.
  • Child Custody and Support: If you have dependent children, an attorney can help you establish custody agreements and navigate child support matters to ensure the best interests of the children.
  • Legal Documentation: Divorce and separation involve various legal documents and paperwork. A lawyer can guide you through the process and ensure all necessary documents are correctly prepared and filed.
  • Spousal Support: If spousal support or alimony is in question, an attorney can help negotiate fair terms or represent your interests during legal proceedings.
  • Emotional Support: Divorce and separation can be emotionally challenging. A lawyer can provide objective support and legal guidance during this difficult time.

Local Laws Overview

In Dasmarinas, Philippines, Divorce & Separation are governed by the Family Code of the Philippines, which recognizes legal separation but does not provide for divorce. The key aspects of local laws that are particularly relevant to Divorce & Separation include:

  • Legal Separation: Legal separation allows married couples to live separately, divide their properties, and obtain custody and support orders. However, it does not terminate the marriage bond.
  • Annulment: When a marriage is declared null and void, it is considered as annulled. Grounds for annulment include lack of parental consent, psychological incapacity, and marriage under duress or fraud.
  • Property Division: The Family Code follows the regime of absolute community or conjugal partnership of gains. It means that most assets acquired during the marriage are considered jointly owned and will be divided equitably.
  • Child Custody and Support: The court will always consider the welfare and best interests of the child when deciding on custody and support matters. Both parents are obligated to provide financial support for their children.
  • Spousal Support: In cases where legal separation is granted, the court may order spousal support based on the needs and capabilities of each spouse.

Frequently Asked Questions

Q: Can I get a divorce in Dasmarinas, Philippines?

A: No, divorce is not recognized in Dasmarinas, Philippines. The Family Code only allows for legal separation or annulment.

Q: What is the difference between legal separation and annulment?

A: Legal separation allows married couples to separate their lives legally but does not dissolve the marriage. Annulment, on the other hand, declares the marriage null and void, treating it as if it never existed.

Q: What documents are required for legal separation or annulment?

A: The necessary documents may include marriage certificate, birth certificates of children, financial statements, affidavits, and any proof supporting the grounds for legal separation or annulment.

Q: How is child custody determined?

A: Child custody is determined based on the best interests of the child. Factors such as the child's age, relationship with each parent, stability of home environment, and ability to provide for the child's needs are taken into account.

Q: Can I seek spousal support during legal separation?

A: Yes, the court may order spousal support based on the financial needs and capabilities of each spouse.

Additional Resources

If you need further assistance or information regarding Divorce & Separation in Dasmarinas, Philippines, consider reaching out to:

  • Dasmarinas Family Court
  • Integrated Bar of the Philippines - Dasmarinas Chapter
  • Philippine Bar Association
  • (Insert any other relevant resources, government bodies, or organizations)

Next Steps

If you require legal assistance in Divorce & Separation in Dasmarinas, Philippines, follow these steps:

  1. Evaluate your situation and determine if you need legal representation.
  2. Research and choose a lawyer experienced in Divorce & Separation cases.
  3. Gather all relevant documents and information related to your case.
  4. Schedule a consultation with your chosen lawyer to discuss your situation and understand your legal options.
  5. Follow your lawyer's guidance and instructions throughout the legal process.
  6. Act promptly and provide any requested information to ensure a smooth and efficient resolution.
  7. Maintain open communication with your lawyer, addressing any concerns or questions that may arise.
  8. Follow any court orders or agreements diligently.
  9. Seek emotional support from family, friends, or counseling services if needed.
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.