Best Divorce & Separation Lawyers in Davao City
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List of the best lawyers in Davao City, 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 Davao City, Philippines
Divorce and legal separation in the Philippines are governed by different laws. While divorce is not recognized in the Philippines, legal separation can be pursued under specific grounds and circumstances. In Davao City, the rules and processes for divorce and legal separation may vary slightly compared to other regions in the country.
Why You May Need a Lawyer
Legal issues surrounding divorce and separation can be complex and emotionally charged. A lawyer can provide guidance, ensure your rights are protected, and represent your interests in court proceedings. Common situations where you may need a lawyer include disputes over child custody, division of assets, and spousal support.
Local Laws Overview
In Davao City, legal separation may be granted based on grounds such as adultery, abandonment, physical abuse, or drug addiction. The process typically involves filing a petition with the court, attending hearings, and presenting evidence to support your case. It is essential to understand the specific requirements and timelines set forth by local laws.
Frequently Asked Questions
1. Can I get a divorce in Davao City?
Divorce is not legally recognized in the Philippines. However, legal separation may be an option under certain circumstances.
2. How long does the legal separation process take?
The duration of the legal separation process can vary depending on the complexity of the case and court backlog. It is best to consult with a lawyer for a more accurate timeline.
3. What are the grounds for legal separation in Davao City?
Common grounds for legal separation in Davao City include adultery, abandonment, physical abuse, and drug addiction.
4. How is property divided during legal separation?
Property division during legal separation is based on several factors, including ownership, contributions, and the agreement between both parties. A lawyer can help you navigate this process.
5. Can I still receive financial support after legal separation?
Spousal support may be awarded after legal separation, depending on the circumstances. Consult with a lawyer to understand your rights and options.
6. What are the steps involved in filing for legal separation?
The steps usually involve filing a petition, serving the other party, attending hearings, and presenting evidence to support your case.
7. Do I need to appear in court for legal separation proceedings?
Yes, your presence may be required during court appearances for legal separation proceedings.
8. Can I modify the terms of legal separation agreements?
Modifying legal separation agreements may be possible under certain circumstances. Consult with a lawyer to understand the process and requirements.
9. How can a lawyer help me with legal separation proceedings?
A lawyer can provide legal advice, represent your interests in court, help negotiate settlements, and ensure your rights are protected throughout the process.
10. How much does it cost to hire a lawyer for legal separation in Davao City?
The cost of hiring a lawyer for legal separation can vary depending on the complexity of the case, the lawyer's experience, and the services needed. It is advisable to discuss fees and payment arrangements with your lawyer upfront.
Additional Resources
For more information on divorce and legal separation in Davao City, you may contact the Integrated Bar of the Philippines Davao City Chapter or seek assistance from the Department of Social Welfare and Development (DSWD) in your area.
Next Steps
If you are considering legal separation in Davao City or have questions about divorce proceedings, it is advisable to consult with a qualified lawyer who specializes in family law. They can provide personalized advice and guide you through the process to ensure your rights are protected.
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.