Best Divorce & Separation Lawyers in Puerto Princesa City

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List of the best lawyers in Puerto Princesa City, Philippines

TMG LAW PALAWAN

Puerto Princesa City, Philippines

Founded in 2013

English

TMG Law Palawan is a distinguished law firm located in Puerto Princesa City, Palawan, Philippines. The firm is dedicated to providing competent, reliable, and responsive legal services to its clients. The firm's team comprises seasoned legal professionals with extensive experience in various...

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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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About Divorce & Separation Law in Puerto Princesa City, Philippines

Divorce and separation laws in the Philippines, including Puerto Princesa City, are unique compared to many other countries. The Philippines does not recognize divorce for its citizens, except for Muslims who are governed by different rules. Instead, annulment and legal separation are the legal remedies available. Annulment declares a marriage null due to specific grounds such as psychological incapacity or fraudulent consent. Legal separation allows separation of parties due to violence, infidelity, or similar issues but does not allow remarriage.

Why You May Need a Lawyer

Legal advice may be necessary in various situations such as understanding the complexities of annulment proceedings, which require substantial evidence and can be lengthy and costly. A lawyer can also provide guidance on legal separation, asset division, child custody, and support issues. Additionally, they can help navigate the legal documentation, represent you in court, and ensure your rights are protected during the proceedings.

Local Laws Overview

In Puerto Princesa City, divorce for non-Muslims is not recognized. Annulment is a common alternative, requiring proof that the marriage was invalid from the start. Grounds for annulment include lack of parental consent, psychological incapacity, and undue influence, among others. Legal separation allows spouses to live separately but does not end the marriage, thereby prohibiting remarriage. Key aspects to consider include child custody and support, which prioritize the welfare of children, and property division, which follows the property regime agreed upon during marriage.

Frequently Asked Questions

What is the difference between annulment and legal separation?

Annulment voids the marriage, treating it as though it never existed, while legal separation allows couples to live separately without dissolving the marriage bond.

Can I remarry after a legal separation?

No, legal separation does not allow for remarriage, as the marriage bond remains legally intact.

What are valid grounds for annulment?

Valid grounds include lack of parental consent, psychological incapacity, fraud, duress, and incapacity to consummate the marriage.

How long does an annulment process take?

The process can vary but typically takes anywhere from one to several years, depending on the complexity and the court's docket in Puerto Princesa City.

Is there a residency requirement for filing annulment in Puerto Princesa City?

Yes, one of the parties should have been a resident of Puerto Princesa or the filing province for at least six months prior to filing.

What legal protections are in place for spousal and child support?

The Family Code mandates that spouses support each other, and both parents are obliged to provide support to their children regarding education, health, and overall well-being.

Can I file for joint custody of our children?

Yes, custody arrangements should focus on the best interests of the children, and the courts encourage joint custody if feasible and agreed upon by both parties.

What is the cost associated with filing for an annulment?

Costs can range from PHP 100,000 to PHP 500,000 or more, covering court fees, attorney's fees, and other legal expenses.

Who gets the family home in a legal separation?

The family home is typically awarded to the custodial parent to ensure the children's stability, but variations depend on separate property and agreements.

Can I contest a petition for annulment?

Yes, the respondent can present defenses and oppose the annulment petition in court.

Additional Resources

For legal advice and support in Divorce & Separation matters, individuals can reach out to the Integrated Bar of the Philippines - Palawan Chapter, the Public Attorney's Office (PAO), or local non-governmental organizations that provide legal assistance to underprivileged individuals. Additionally, the Family Court Division in Puerto Princesa City provides pertinent information and handles cases of annulment and legal separation. Counseling centers and religious mediators can also offer support during the emotional turmoil of divorce proceedings.

Next Steps

If you require legal assistance, consider consulting with a qualified family law attorney in Puerto Princesa City to understand your legal options and obligations. Gather all relevant documents related to your marriage and discuss your situation with your lawyer to outline the best strategy. If you are unsure where to find a lawyer, the Integrated Bar of the Philippines provides listings for licensed attorneys. Remember, seeking legal advice early can help manage the process more effectively.

Lawzana helps you find the best lawyers and law firms in Puerto Princesa City 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 Puerto Princesa City, 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.