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List of the best lawyers in Marikina City, Philippines

Atty. Rainier Mamangun

Marikina City, Philippines

Founded in 2004

20 people in their team

mamangun.lawyer

English

Tagalog

Family Divorce & Separation

Established in 2004, the Law Office of Atty. Rainier Mamangun is a full-service firm that provides a full range of legal services for any activity or venture, or any area of interest or concern in the Philippines. Guided by traditional values, but oriented towards present-day solutions, his law...

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Philippines Divorce & Separation Legal Questions answered by Lawyers

Browse our 63 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.

Recignizing a foreign divorce: Hello:Let me guide you on the recognition of a foreign divorce decree here In the Philippines. Under Article 26 of the Family Code of the Philippines, if one of the spouses is a foreign national and obtains a valid divorce abroad, the Filipino spouse may file for recognition of that divorce in the Philippine courts. This allows the Filipino to remarry and update his or her civil status records.a.) Requirements generally include an authenticated copy of the divorce decree from the US court, as well as proof of its finality. You also need the marriage certificate issued by the Philippine Statistics Authority (PSA), plus a copy of the foreign law that recognizes divorce, which will usually be presented through legal authentication.b.) Yes, you will need to file a petition before the Regional Trial Court in the Philippines. The length of the process may vary depending on the court’s calendar but typically ranges from one year to two years, though it may be shorter if uncontested.c.) As to costs, filing and court fees are relatively minimal compared to attorney’s fees. Professional fees vary depending on the lawyer and the complexity of the case.d.) It is advisable to have a lawyer represent you, as the process is judicial and requires presentation of documentary evidence and compliance with procedural rules. It cannot be done purely on your own.e.) Once granted, the recognition will be forwarded to the Local Civil Registrar and PSA to annotate your marriage certificate, thereby updating your marital status to reflect the divorce.
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.
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 recososalawfirm@gmail.com.We are here to assist you.

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About Divorce & Separation Law in Marikina City, Philippines

The Philippines is one of the countries that does not legalize divorce, with the exception for Muslims who follow Islamic laws. This means, for the citizens of Marikina City, the termination of a marriage isn't as swift and clear-cut as merely filing for divorce. The available options are legal separation, annulment, and nullity of marriage. Legal separation allows couples to live separately but doesn't nullify the marriage. Annulment invalidates the marriage suggesting it never existed. Nullity of marriage, on the other hand, states that the marriage was invalid from the very beginning due to the circumstances under which it took place.

Why You May Need a Lawyer

Applications for legal separation, annulment, and nullity of marriage are all legal procedures that require the involvement of a qualified lawyer. Legal proceedings can be complex, involving the submission of a petition, court hearings, and judgment. A lawyer will guide you through these procedures, help you understand your rights, and present your case. Furthermore, if there are issues such as child custody, alimony, or property division, having a lawyer becomes essential to ensure your interests are protected.

Local Laws Overview

In Marikina City, like the rest of the Philippines, the Family Code governs rules and regulations about marital relationships, legal separations, annulments, and nullity of marriage. Grounds for legal separation include repeated physical violence or grossly abusive conduct, drug addiction, lesbianism, homosexuality, and sexual infidelity. For annulment, psychological incapacity, consent obtained by fraud, and impotence are some valid grounds. Irrevocably broken marriages can be nullified stating they were void from the beginning.

Frequently Asked Questions

What is the difference between annulment and legal separation?

Legal separation allows couples to live separately but does not cut off the marital bond, which means neither spouse can remarry. An annulment, however, does break the marital bond, declaring that the marriage was invalid from the start, thus letting both parties the freedom to remarry.

Can I file for an annulment or legal separation without a lawyer?

While not a requirement, it is highly advisable to hire a lawyer due the complexity of the proceedings and to ensure your rights and interests are properly represented.

Will I need to go to trial for my separation or annulment case?

Most cases do require a trial to present evidence and argue the case. In some circumstances, however, parties may come to an agreement before reaching trial.

What provisions are made for child custody and support?

Decisions regarding child custody and support are made by the court, considering the best interests of the child. Parental arrangements can be decided upon by the parties involved under the supervision of the court.

How long does an annulment or legal separation process typically take?

Depending on the complexity of the case, an annulment or legal separation can take anywhere from 1 to 2 years or more.

Additional Resources

Government bodies such as the Department of Social Welfare and Development and the Public Attorney's Office provide assistance and advice in cases of divorce and separation. Non-governmental organizations, such as Gabriela Women's Party, also offer support and resources to women seeking legal separation or annulment.

Next Steps

If you decide that you need legal assistance, it is recommended to start by seeking legal advice or representation. Reach out to local legal offices or law firms in Marikina who specialize in family law. Prepare any necessary documentation such as proof of your marriage, evidence related to your grounds for separation or annulment, and any information related to your shared properties or children.

Lawzana helps you find the best lawyers and law firms in Marikina 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 Marikina 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.