
Best Divorce & Separation Lawyers in Paranaque City
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List of the best lawyers in Paranaque City, Philippines


NARAG LAW OFFICE

ACE Law Office

Sucgang Law Office

SAKLAW (Law Office of Atty. Salma F. Angkaya-Kuhutan)

Salma F Angkaya Kuhutan Law Office
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.
About Divorce & Separation Law in Paranaque City, Philippines
It's noteworthy to mention that the Philippines is one of the few countries where divorce is not legally recognized. However, legal separation, annulment, and the declaration of nullity of a marriage are options Filipinos can consider. While these methods don't dissolve a marriage, they can still provide legal settlements in a broken marital relationship. In Paranaque City, like the rest of the country, these regulations apply. Legal separation allows married couples to live apart, with financial and child custody arrangements in place, but they cannot remarry. Annulment and nullity of marriage, on the other hand, can make the marriage as if it never existed, allowing the individuals to marry again.
Why You May Need a Lawyer
Obtaining a legal separation, annulment, or declaration of nullity of marriage in Paranaque City involves complex legal processes. Personal emotions can exacerbate a stressful and overwhelming situation. It's easy to make errors when handling your case leading to unfavorable outcomes. A lawyer can provide the necessary advice, handle the paperwork, negotiate on your behalf, and represent you in court.
Local Laws Overview
Philippine law has specific grounds for legal separation, annulment, and nullity of marriage. For example, grounds for legal separation can include repeated physical violence, sexual infidelity, or attempt by one spouse against the life of the other. Persistent alcoholism or drug abuse may also count. Annulment, on the other hand, can be filed on the ground of psychological incapacity, fraud, force, intimidation, or undue influence. Nullity of marriage can be declared if a marriage is void from the beginning, such as marriages between siblings or bigamous marriages.
Frequently Asked Questions
Can I file for a divorce in Paranaque City?
As per existing laws, divorce is not recognized in the Philippines, including Paranaque City. However, you can apply for a legal separation, annulment, or nullity of marriage.
Can I remarry after obtaining a legal separation?
No. A legal separation does not end a marriage. It only allows spouses to live separately. You cannot remarry unless you get an annulment or a declaration of nullity of your marriage.
How long does the annulment process take?
The duration varies, but it usually takes 1 to 2 years, sometimes more depending on the complexity of the case.
Do I need a lawyer to file for a legal separation or annulment?
While you can technically represent yourself, it's advisable to have a lawyer due to the complexities of the process. A lawyer can guide you, prepare and present your case appropriately.
Are annulments guaranteed?
No. The outcome of annulment proceedings can be unpredictable as it depends on the merits of the case, and it is ultimately at the discretion of the court.
Additional Resources
You can seek additional advice and guidance from the Bureau of Legal Affairs in the Philippines or reach out to non-governmental organizations who provide legal aid in family law matters.
Next Steps
If you wish to pursue legal separation, annulment, or a declaration of nullity of your marriage in Paranaque City, the first step is to consult with a lawyer specializing in family law. Gather all necessary documents, such as your marriage certificate and other pieces of evidence that supports your case.
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.