Best Divorce & Separation Lawyers in Ormoc City
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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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Divorce & Separation
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Divorce & Separation
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Divorce & Separation
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About Divorce & Separation Law in Ormoc City, Philippines
Divorce & Separation laws in Ormoc City, Philippines govern the legal processes and rights of individuals looking to dissolve their marriage. Ormoc City follows the provisions of the Family Code of the Philippines, which recognizes both divorce and legal separation. It is important to understand the legal implications and procedures involved if you are considering divorce or separation in Ormoc City.
Why You May Need a Lawyer
There are various situations where seeking legal assistance from a lawyer specializing in Divorce & Separation is highly advised. Some common scenarios include:
- When you and your spouse have complex financial assets and properties that need to be divided.
- If there are children involved and issues related to custody, support, or visitation rights need to be resolved.
- When you want to ensure that your rights and interests are protected and represented adequately during the legal process.
- If your spouse has initiated legal proceedings against you, it is important to have a lawyer who can defend your interests.
- When there is a history of abuse or violence in the marriage, legal assistance can help protect your safety and rights.
Local Laws Overview
The key aspects of local laws in Ormoc City, Philippines, related to Divorce & Separation are as follows:
- Divorce: The Philippines does not have a law allowing for divorce. However, legal separation can be pursued, which grants couples the right to live separately while maintaining the marriage bond. It requires a court petition and proper grounds.
- Legal Separation: Legal separation is recognized in Ormoc City. It allows spouses to separate from bed and board, dissolve their shared property regime, and live separately. It requires a court petition based on valid grounds, such as physical violence, infidelity, abandonment, or irreconcilable differences.
- Property Division: In cases of legal separation, the court divides the spouses' common properties in a way that is fair and reasonable to both parties. Jointly acquired properties are presumed to be equally owned, but individual contributions and circumstances are also considered.
- Child Custody and Support: The welfare of the child is a primary concern in cases involving legal separation. The court determines child custody based on the best interest of the child. Both parents are expected to provide support and contribute financially to the upbringing of the child.
Frequently Asked Questions
1. Can I get a divorce in Ormoc City?
No, divorce is not recognized in Ormoc City or the Philippines. However, legal separation is available as an alternative.
2. What are the grounds for legal separation?
Valid grounds for legal separation include physical violence, infidelity, abandonment, drug addiction, and irreconcilable differences.
3. How is property divided in cases of legal separation?
The court divides the common properties in a manner that is fair and reasonable to both parties. Individual contributions and circumstances are considered.
4. How is child custody determined in Ormoc City?
The court determines child custody based on the best interest of the child, considering factors such as their welfare, relationship with both parents, and ability to provide for their needs.
5. Can I receive financial support for my child after legal separation?
Yes, both parents are expected to provide financial support for the child's upbringing. The amount of support depends on various factors, such as the child's needs and the parents' income.
Additional Resources
If you need further information or assistance regarding Divorce & Separation in Ormoc City, Philippines, consider reaching out to the following resources:
- Ormoc City Hall: Contact the Family Court or City Hall for guidance on legal processes and local resources.
- Integrated Bar of the Philippines - Ormoc City Chapter: The local IBP chapter can provide referrals to experienced lawyers specializing in family law.
- Department of Social Welfare and Development (DSWD): The DSWD offers support services and counseling for individuals and families going through separation or divorce.
Next Steps
If you require legal assistance or advice regarding Divorce & Separation in Ormoc City, Philippines, consider taking the following steps:
- Consult with a lawyer experienced in family law, specifically Divorce & Separation cases, to understand your rights, legal options, and potential outcomes.
- Gather all relevant documents, such as marriage certificates, property deeds, and financial records, to assist your lawyer in building your case.
- Attend consultations and court proceedings as advised by your lawyer, providing them with all necessary information and cooperating fully.
- Prioritize the well-being of any children involved and consider seeking counseling or support services to help navigate the emotional challenges associated with divorce or separation.
- Stay informed about changes or updates to family laws in Ormoc City, Philippines, by engaging with local legal resources or organizations.
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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.
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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.
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.