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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 Iloilo City, Philippines

Divorce is not legal in the Philippines, including Iloilo City. However, legal separation is allowed as a way for couples to separate their assets and live apart without formally ending their marriage.

Why You May Need a Lawyer

You may need a lawyer for legal advice and guidance on matters related to legal separation, child custody, division of assets, and other issues that may arise during a separation.

Local Laws Overview

In Iloilo City, legal separation is governed by the Family Code of the Philippines. This law details the requirements and procedures for legal separation, including grounds for separation, child custody arrangements, and division of assets.

Frequently Asked Questions

Q: Can I get a divorce in Iloilo City?

A: No, divorce is not legal in the Philippines, including Iloilo City.

Q: What is legal separation?

A: Legal separation is a court-ordered arrangement that allows couples to live apart while still being legally married. It includes provisions for child custody, spousal support, and division of assets.

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

A: The grounds for legal separation in Iloilo City include infidelity, physical abuse, drug addiction, and psychological incapacity, among others.

Q: Do I need a lawyer for legal separation?

A: It is highly recommended to seek legal advice from a lawyer specializing in family law to ensure your rights are protected during the legal separation process.

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

A: The legal separation process can vary in length depending on the complexity of the case and the cooperation of both parties. It typically takes several months to complete.

Q: How is child custody determined in legal separation cases?

A: Child custody is determined based on the best interests of the child. The court will consider factors such as the child's age, relationship with each parent, and ability to provide for the child's needs.

Q: Can I change my legal separation agreement after it has been finalized?

A: It is possible to modify a legal separation agreement if both parties agree to the changes and the court approves them. It is best to consult with a lawyer to navigate this process.

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

A: Legal separation allows couples to live apart while still being legally married, while annulment is a legal process that declares a marriage null and void, as if it never existed.

Q: How can I protect my assets during a legal separation?

A: To protect your assets during a legal separation, it is important to document all of your assets and liabilities, work with a lawyer to negotiate a fair division of assets, and consider a postnuptial agreement to outline asset ownership.

Q: What should I do if my spouse is not cooperating during the legal separation process?

A: If your spouse is not cooperating during the legal separation process, it is important to consult with a lawyer to understand your options and determine the best course of action to move forward with the separation.

Additional Resources

For more information on legal separation and family law in Iloilo City, you can contact the Integrated Bar of the Philippines - Iloilo Chapter or the Department of Social Welfare and Development in Iloilo.

Next Steps

If you are considering legal separation or need assistance with any family law matters in Iloilo City, it is recommended to consult with a qualified family law attorney who can provide guidance, representation, and support throughout the legal process.

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.