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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
DAGSAAN MONTERDE CASTILLO LAW delivers comprehensive legal services through our dedicated team of attorneys. Our practice combines professional excellence with genuine commitment to client success, providing effective representation for individuals and organizations throughout the region.Led by...
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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
Marriage
Family
Divorce & Separation
Annulment
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
Divorce & Separation
Family
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?
Divorce & Separation
Annulment
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.

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.

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