Best Divorce & Separation Lawyers in Philippines
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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:๐ 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 Philippines
In the Philippines, divorce is not legalized. Instead, legal separation is the method by which married couples may effectively end their marriage. Legal separation allows couples to live separately and divide their assets while remaining legally married. Annulment is another option for ending a marriage in the Philippines, declaring the marriage null and void based on certain grounds.
Why You May Need a Lawyer
You may need a lawyer if you are considering legal separation, annulment, or dealing with complex issues such as child custody, division of assets, or spousal support. A lawyer can guide you through the legal process, protect your rights, and ensure that your interests are represented in court.
Local Laws Overview
Some key aspects of Philippine law related to divorce and separation include the requirement of specific grounds for legal separation or annulment, such as infidelity, abuse, or lack of consent. The process can be lengthy and complicated, involving various court appearances and legal documents. It's important to understand the local laws and procedures to navigate the legal system effectively.
Frequently Asked Questions
1. Can I get a divorce in the Philippines?
No, divorce is not legal in the Philippines. Legal separation or annulment are the options available for ending a marriage.
2. What are the grounds for legal separation in the Philippines?
The grounds for legal separation in the Philippines include infidelity, abuse, abandonment, drug addiction, or psychological incapacity.
3. How long does a legal separation or annulment process take?
The process can vary but typically takes several months to years, depending on the complexity of the case and the court's caseload.
4. Do I need to appear in court for legal separation or annulment proceedings?
Yes, both parties usually need to appear in court for legal proceedings, along with their legal representation.
5. What are the implications for child custody in legal separation or annulment cases?
Child custody is determined based on the best interests of the child, considering factors such as parental capability, living arrangements, and the child's welfare.
6. How is property divided in legal separation or annulment cases?
Assets acquired during the marriage are typically divided equally between the parties, while separate property remains with the original owner.
7. Can I remarry after a legal separation or annulment in the Philippines?
After a legal separation, you are still legally married and cannot remarry. After an annulment, you are free to remarry.
8. Can I file for legal separation or annulment without a lawyer?
While it is possible to file without a lawyer, it is highly recommended to seek legal advice to ensure your rights are protected and the process is conducted correctly.
9. What are the costs involved in legal separation or annulment proceedings?
The costs can vary depending on the complexity of the case, legal fees, court fees, and other related expenses. It's best to consult with a lawyer for an estimate of costs.
10. How do I start the legal separation or annulment process in the Philippines?
You can start the process by consulting with a lawyer to assess your options, gather necessary documents, and file a petition with the appropriate court.
Additional Resources
For additional resources on divorce and separation in the Philippines, you can contact the Integrated Bar of the Philippines, Philippine Judicial Academy, or local legal aid organizations for assistance and guidance.
Next Steps
If you are in need of legal assistance for divorce or separation in the Philippines, it's best to consult with a qualified lawyer who specializes in family law. They can provide you with legal advice, guide you through the process, and represent your interests in court proceedings.
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.