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