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Browse our 41 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
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.
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.
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.
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.
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.
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.
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.
Depending on the complexity of the case, an annulment or legal separation can take anywhere from 1 to 2 years or more.
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.
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.
