Best Divorce & Separation Lawyers in Meycauayan

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DAGSAAN MONTERDE CASTILLO LAW AND NOTARY PUBLIC

DAGSAAN MONTERDE CASTILLO LAW AND NOTARY PUBLIC

Meycauayan, Philippines

Founded in 2022
5 people in their team
About UsAt DAGSAAN MONTERDE CASTILLO LAW, we not only offer legal expertise but also a commitment to addressing the multifaceted legal needs across...
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Philippines Divorce & Separation Legal Questions answered by Lawyers

Browse our 41 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.

Marriage
Marriage
Divorce & Separation
Please contact us at [email protected] or call us at 09189395137You can also visit us at:Unit 1, Dictum Bldg. Crispina Ave. Las Piñas Village,Pamplona Tres, 1740 Las Piñas City, Metro ManilaAtty. Narag
How long does an annulment of marriage usually take?
Marriage
Divorce & Separation
Hi. Please visit our law office so that we can walk you through the process. We are here in Room 300-D, 3rd Floor, GMC Plaza, in front of Plaza Independencia, Cebu City.  
The divorce in the Philippines is already approved can apply
Marriage
Divorce & Separation
There is currently no absolute divorce in the Philippines.  What we have is annulment or declaration of nullity of marriage. A case for annulment or a declaration of nullity of marriage is filed at the Regional Trial Court of the place of your residence in the Philippines or that of your spouse.  The ground usually used as basis for this  is Psychological Incapacity under Article 36 of the Family Code. Psychological Incapacity means the failure to understand and comply with the essential marital obligations of living together and observing mutual love, respect and fidelity owing to a psychological cause. The manifestations of psychological incapacity could range from sexual abuse or infidelity, physical or psychological abuse, sexual perversion, homosexuality, abandonment, refusal to give support, refusal to cohabit, drug addiction, alcoholism, excessive jealousy and extreme indolence or laziness. However, if you are a foreigner who has secured a valid divorce abroad, you have the option of filing a Petition for Recognition of Foreign Divorce with the Regional Trial Court.

About Divorce & Separation Law in Meycauayan, Philippines:

Divorce is not legal in the Philippines, barring Islamic law as an exemption. For those married under other religions and civil ceremonies, annulment and legal separation are the existing legal options. Annulment nullifies the marriage, presuming it didn't exist, while legal separation allows couples to live apart but they remain legally married.

Why You May Need a Lawyer:

You may require a lawyer for consultation and legal advice when you decide to pursue legal separation or annulment. Alternately, if you are opposing a request for an annulment or legal separation made by your spouse, it is advisable that you consult with a lawyer to understand your rights and responsibilities. A lawyer can guide you through the legal process, assist you in preparing the necessary documents, represent you in court, and provide you with important legal advice.

Local Laws Overview:

The Family Code of the Philippines governs marriage and family laws, including annulments and legal separations. Under the law, legal separation may be filed on grounds such as repeated physical violence, drug addiction, attempt on the life of a spouse, among others. Annulment on the other hand can be filed on grounds like psychological incapacity, fraud, or physical incapability. Both processes are complex, time-consuming, and involve the presentation of evidence to the court.

Frequently Asked Questions:

Is divorce legal in Meycauayan, Philippines?

No, divorce is not legal in Meycauayan, or anywhere in the Philippines, except for Muslim Filipinos who are governed by the Code of Muslim Personal Laws (CMPL)

What is the difference between annulment and legal separation?

Annulment nullifies a marriage, meaning it’s as if the marriage never existed. Legal separation, however, doesn't nullify a marriage but allows the husband and wife to live separately.

What are the grounds for legal separation?

Grounds include physical violence, psychological abuse, drug addiction or conviction of a crime carrying more than six years imprisonment, among others.

How long does it take to process annulment or legal separation?

The process can take several months to several years depending on the complexity of the case.

Can a legally separated couple remarry?

No, a legally separated couple cannot remarry as they are still considered legally married under Philippine law.

Additional Resources:

People seeking legal advice can consult with the Integrated Bar of the Philippines or the Department of Social Welfare and Development. Many non-governmental organizations (NGOs) offer free legal advice for family law matters. These include the Women's Legal Bureau and the Children's Legal Rights and Development Center.

Next Steps:

If you are considering pursuing or opposing a legal separation or annulment, it is advisable to consult with a lawyer. Make sure to gather all relevant documents and be ready to provide detailed information about your marriage and the events leading to your decision. If your income is limited, you may seek free legal aid from the aforementioned NGOs.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.