Best Divorce & Separation Lawyers in Mandaue City

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Mandaue City
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List of the best lawyers in Mandaue City, Philippines

Recososa Law Firm

Mandaue 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 Mandaue City, Philippines

Divorce and separation are sensitive issues in the Philippines, largely due to the influence of the Catholic Church. To date, the Philippines is the only country in the world where divorce is not legal, except for the Muslim minority who are allowed to divorce because it's culturally and religiously accepted within their community. However, there is a legal substitute for divorce known as annulment, and a legal separation is also possible. In Mandaue City, similar to the rest of the country, instances of divorce and separation are handled accordingly.

Why You May Need a Lawyer

Regardless of the situation, consulting with a lawyer specializing in family law becomes important to understand your rights and the procedures to follow in filing for an annulment or a legal separation. This process involves complex legalities, making sure all paperwork are properly prepared, ensuring your interests are adequately represented, and presenting your case before a judge. If assets, debts, or children are involved, having a lawyer becomes even more crucial to safeguard your interests and protect your rights.

Local Laws Overview

In Mandaue City, as per Philippines law, annulment and legal separations have specific grounds that must be fulfilled. An annulment implies that a marital union is void from the start due to psychological incapacity or fraudulent actions at the time of marriage. On the other hand, legal separation may be granted on the grounds of physical abuse, infidelity, or attempted murder, among others. However, a legally separated couple is still considered married and therefore cannot remarry.

Frequently Asked Questions

What is the Difference Between Annulment and Legal Separation?

An annulment voids a marriage completely, making it as though the marriage never existed. Legal separation, meanwhile, allows spouses to live separately but they are still considered legally married, prohibiting them from remarrying.

Can I File for Divorce in Mandaue City If I Got Married Abroad?

Yes, Filipino citizens married abroad can file for divorce, provided that it is permissible in the country they were married. However, this process is complex and obtaining legal counsel is advised.

Do I Need a Lawyer for an Annulment or Legal Separation?

While it's not a mandatory requirement, having a lawyer can help facilitate the process, safeguard your interests, and ensure procedures are correctly followed.

How Long Does the Annulment or Legal Separation Process Take?

The process can take a significant amount of time, usually between 2 to 7 years, depending on the case's complexity.

What are the Legal Grounds for Annulment or Legal Separation?

Grounds for annulment include psychological incapacity, fraud, consent acquired by force, intimidation, or undue influence. Legal separation can be due to physical violence, infidelity, and other severe grounds.

Additional Resources

The following are the recommended resources:

Philippine Commission on Women (PCW): A government agency providing assistance on legal matters concerning women and family.
Department of Social Welfare and Development: Provides counselling and socio-legal assistance.
Integrated Bar of the Philippines (IBP): Offers free legal aid.

Next Steps

If you need legal assistance relating to divorce, annulment, or separation in Mandaue City, it's advisable to contact a reputable lawyer or a legal aid organization who can guide you through the process. Make sure to collect all necessary documents, such as marriage certificates, proof supporting your grounds for annulment or separation, and record of properties and financial documents if applicable.

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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.