Best Divorce & Separation Lawyers in Pasay
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List of the best lawyers in Pasay, Philippines
Philippines Divorce & Separation Legal Questions answered by Lawyers
Browse our 62 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
- Cohabitation
- Greetings!From your statement and narration, I am assuming that you are referring to the Filipina woman that you were cohabiting, correct? If so, considering that you are not married to her, there is no financial obligation for you to provide a settlement for her, more so that you are not in any way obligated to provide her a house. If the condominium unit is under your name, you can legally eject her from said condominium, of course, we have to follow the legal requirements needed to do so. She has no right whatsoever to be there since you are not married. This appears to be a simple case of extortion.Women here right now uses the VAWC or Violence against women and their children act as a threat to men in getting what they want. Fortunately, now, the indictment of criminal cases has become more strict as people tend to abuse our laws using them as leverage to exact whatever they want from the other party.If you have other concerns, you may email us at [email protected] or you may call us at 09542639502. Thank you. Atty. LM Gonzales
- 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.
About Divorce & Separation Law in Pasay, Philippines
Divorce and Separation in Pasay, Philippines are governed by the Family Code of the Philippines. Divorce is not legal in the country, except for cases involving Muslims under Muslim or Shari'a law. However, legal separation is recognized, allowing couples to live separately and divide property while still being legally married.
Why You May Need a Lawyer
You may need a lawyer in cases of legal separation to ensure your rights are protected, especially when it comes to division of property, child custody, and financial support. A lawyer can help navigate the legal process, provide guidance, and represent you in court if necessary.
Local Laws Overview
In Pasay, Philippines, legal separation can be granted based on specific grounds such as adultery, physical abuse, drug addiction, or imprisonment of one spouse. The process involves filing a petition with the court, attending hearings, and reaching agreements on issues like child custody and financial support.
Frequently Asked Questions
Q: Can I get a divorce in Pasay, Philippines?
A: No, divorce is not legal in the Philippines except for cases involving Muslims under Muslim or Shari'a law.
Q: What is legal separation?
A: Legal separation allows couples to live separately and divide property while still being legally married. It does not allow either party to remarry.
Q: What are the grounds for legal separation in Pasay?
A: Grounds for legal separation in Pasay include adultery, physical abuse, drug addiction, imprisonment, among others.
Q: Do I need a lawyer for legal separation proceedings?
A: It is recommended to have a lawyer to ensure your rights are protected and to help navigate the legal process.
Q: How long does the legal separation process take?
A: The legal separation process can vary depending on the complexity of the case and reaching agreements on issues like child custody and property division.
Q: Can I still receive financial support after legal separation?
A: Yes, financial support arrangements can be made as part of the legal separation agreement.
Q: What happens to shared property in a legal separation?
A: Shared property can be divided during the legal separation process, with agreements made on who gets what part of the property.
Q: Can legal separation be converted to divorce in the future?
A: Legal separation does not automatically lead to divorce, but it is possible to file for divorce after being legally separated for a certain period of time.
Q: Can I still have custody of my children after legal separation?
A: Child custody arrangements can be made as part of the legal separation agreement, with considerations for the best interests of the child.
Q: How can I find a reliable lawyer for legal separation in Pasay?
A: You can ask for referrals from friends or family, search online, or contact the Integrated Bar of the Philippines for recommendations.
Additional Resources
For more information on legal separation in Pasay, Philippines, you can contact the Department of Social Welfare and Development (DSWD) or the Public Attorney's Office (PAO) for legal assistance.
Next Steps
If you are considering legal separation in Pasay, Philippines, it is advisable to consult with a lawyer who specializes in family law to guide you through the process and protect your rights. Be prepared to gather necessary documents and information to support 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.