Best Divorce & Separation Lawyers in Quezon City
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List of the best lawyers in Quezon City, Philippines
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 Quezon City, Philippines
Divorce and separation laws in Quezon City, Philippines govern the legal processes and procedures involved in ending a marriage or legally separating from a spouse. These laws outline the rights and responsibilities of the parties involved and provide guidelines for property division, child custody, and support.
Why You May Need a Lawyer
There are several situations where seeking legal help from a lawyer specializing in divorce and separation in Quezon City, Philippines is advisable:
- When dealing with complex financial issues, such as division of assets and debts.
- When there are child custody and visitation matters involved.
- When there is a need to safeguard your rights and protect your interests.
- When facing disputes or disagreements with your spouse regarding the terms of the divorce or separation.
- When you require assistance in understanding the legal processes and paperwork involved.
Local Laws Overview
Here are some key aspects of the local laws in Quezon City, Philippines that are particularly relevant to divorce and separation:
- Divorce is not yet legal in the Philippines. However, legal separation and annulment are recognized by law.
- The Family Code of the Philippines governs divorce and separation matters, providing guidelines on property division, child custody, and support.
- For legal separation, a petition may be filed on several grounds, including adultery, abandonment, physical abuse, or drug addiction.
- Annulment, on the other hand, voids the marriage based on grounds such as lack of parental consent, psychological incapacity, or fraud at the time of marriage.
Frequently Asked Questions
1. Can I get a divorce in Quezon City, Philippines?
No, divorce is not yet legal in the Philippines. However, legal separation and annulment are recognized by law.
2. What is the difference between legal separation and annulment?
Legal separation allows couples to live separately and divide their properties, but they are still legally married. Annulment, on the other hand, declares the marriage null and void, as if it never took place.
3. What are the grounds for legal separation and annulment?
Grounds for legal separation may include adultery, abandonment, physical abuse, or drug addiction. Annulment grounds can include lack of parental consent, psychological incapacity, or fraud at the time of marriage.
4. How is child custody determined in Quezon City?
The court determines child custody based on the best interests of the child. It considers factors such as the child's age, relationship with each parent, and their ability to provide a nurturing environment.
5. Are prenuptial agreements recognized in Quezon City?
Yes, prenuptial agreements are recognized and enforceable in Quezon City, Philippines. It is advisable to seek legal advice and assistance when creating a prenuptial agreement to ensure its validity.
Additional Resources
For additional resources and legal advice on divorce and separation in Quezon City, Philippines, you may find the following helpful:
- Integrated Bar of the Philippines Quezon City Chapter (https://www.ibpqcc.com/)
- National Commission on the Role of Filipino Women (https://ncrfw.gov.ph/)
- Quezon City Hall Office of the City Mayor - Family and Community Affairs (https://quezoncity.gov.ph/department/office-of-the-city-mayor/family-and-community-affairs/)
Next Steps
If you require legal assistance or advice regarding divorce and separation in Quezon City, Philippines, it is recommended to consult with a qualified lawyer who specializes in family law. They can guide you through the legal processes, protect your rights, and help you achieve a fair resolution.
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.