Best Divorce & Separation Lawyers in Lapu-Lapu City

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List of the best lawyers in Lapu-Lapu City, Philippines

Recososa Law Firm

15 minutes Free Consultation

Lapu-Lapu City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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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.

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About Divorce & Separation Law in Lapu-Lapu City, Philippines

In the Philippines, the concept of divorce as commonly understood in many Western countries does not exist for Filipino citizens. Instead, the Family Code of the Philippines allows for legal separation, annulment, and the declaration of nullity of marriage as means to address marriage dissolution. Lapu-Lapu City, as part of the Philippines, adheres to these national laws. Legal separation allows for the separation of the couple's assets and responsibilities but does not terminate the marital bond, whereas annulment and the declaration of nullity render the marriage void as if it never existed.

Why You May Need a Lawyer

People may require legal help in divorce and separation for several reasons: - Understanding the distinctions between legal separation, annulment, and nullity, and determining the best course of action. - Navigating the complex and lengthy legal processes involved in annulment or nullity cases. - Handling disputes related to child custody, property distribution, and spousal support. - Ensuring that all legal documents are properly prepared, filed, and presented in court. - Representing their interests in court proceedings to ensure a fair outcome.

Local Laws Overview

Key aspects of local laws relevant to divorce and separation in Lapu-Lapu City include: - The Family Code governs marriage, including provisions on legal separation, annulment, and nullity of marriage. - Legal separation allows spouses to live apart and provides a mechanism for the division of assets but does not dissolve the marriage. - Annulment is based on grounds such as lack of parental consent, insanity, fraud, and impotence, among others. - The declaration of nullity is applicable when a marriage is void from the beginning, such as in cases of incestuous marriages or those lacking a marriage license. - Child custody in annulment or separation cases is determined by the best interests of the child standard.

Frequently Asked Questions

What is the difference between legal separation, annulment, and nullity?

Legal separation does not dissolve the marriage but allows for separation of property and responsibilities. Annulment voids a marriage based on specific grounds after the marriage, while nullity declares a marriage void from the start.

Can a foreign divorce be recognized in the Philippines?

A foreign divorce can be recognized if one of the spouses is a foreign national. Recognition of a foreign divorce involves a judicial proceeding in the Philippines.

What are common grounds for annulment?

Common grounds for annulment include lack of parental consent, psychological incapacity, fraud, impotence, and venereal disease.

How long does the annulment process take?

The annulment process can take anywhere from 1 to 4 years, depending on the complexity of the case and the court's docket.

What happens to children's custody in separation cases?

Custody is generally awarded based on the child's best interests. Typically, children under 7 are awarded to the mother unless there are compelling reasons not to.

How is property divided in annulment or legal separation?

Under community property or conjugal partnership, assets are evenly divided unless a different arrangement is proven or agreed upon.

Can spousal support be requested?

Yes, spousal support (alimony) can be requested depending on the financial capability of the supporting spouse and needs of the other spouse.

Is it necessary to hire a lawyer for annulment or legal separation?

While not legally required, hiring a lawyer can greatly assist in navigating complex legal procedures and protecting your interests.

Does legal separation automatically lead to annulment?

No, legal separation is simply a separation of life and assets and does not terminate the marriage bond which annulment does.

What are the costs of annulment or separation procedures?

Costs can vary depending on the complexity, lawyer fees, filing fees, and other related expenses. A lawyer can provide a more detailed estimate.

Additional Resources

Individuals seeking assistance in divorce and separation may contact: - Integrated Bar of the Philippines (Cebu Chapter) - Department of Social Welfare and Development (for family counseling) - Women's Desk of the Lapu-Lapu City Police Office (for cases involving domestic violence) - Local family courts in Lapu-Lapu City for legal processes and documentations

Next Steps

Should you need legal assistance, consider: - Consulting with a family law attorney in Lapu-Lapu City to discuss your specific circumstances. - Gathering necessary documents and information related to your marriage and family. - Exploring mediation or counseling services if applicable. - Visiting your local court for further information and potentially filing the necessary legal actions. - Contacting supportive organizations for guidance and information on available legal resources.

Lawzana helps you find the best lawyers and law firms in Lapu-Lapu City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Lapu-Lapu City, Philippines—quickly, securely, and without unnecessary hassle.

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.