Best Divorce & Separation Lawyers in Rizal
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Philippines Divorce & Separation Legal Questions answered by Lawyers
Browse our 63 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
- Recignizing a foreign divorce
- Hello:Let me guide you on the recognition of a foreign divorce decree here In the Philippines. Under Article 26 of the Family Code of the Philippines, if one of the spouses is a foreign national and obtains a valid divorce abroad, the Filipino spouse may file for recognition of that divorce in the Philippine courts. This allows the Filipino to remarry and update his or her civil status records.a.) Requirements generally include an authenticated copy of the divorce decree from the US court, as well as proof of its finality. You also need the marriage certificate issued by the Philippine Statistics Authority (PSA), plus a copy of the foreign law that recognizes divorce, which will usually be presented through legal authentication.b.) Yes, you will need to file a petition before the Regional Trial Court in the Philippines. The length of the process may vary depending on the court’s calendar but typically ranges from one year to two years, though it may be shorter if uncontested.c.) As to costs, filing and court fees are relatively minimal compared to attorney’s fees. Professional fees vary depending on the lawyer and the complexity of the case.d.) It is advisable to have a lawyer represent you, as the process is judicial and requires presentation of documentary evidence and compliance with procedural rules. It cannot be done purely on your own.e.) Once granted, the recognition will be forwarded to the Local Civil Registrar and PSA to annotate your marriage certificate, thereby updating your marital status to reflect the divorce.We at Recososa Law Firm handle such cases regularly. We have offices in Luzon, Visayas and Mindanao, so we can assist you wherever you are situated. We can schedule an initial consultation via Google Meet or Zoom, or a face-to-face consultation at our office. You may email us at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or you can also call or text us at +639175046510.If this answers your concern to your satisfaction, I hope it is not too much to ask that you like and share our Facebook page and leave us a rating on Google. This truly inspires us to continue extending help through platforms like this.Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
- 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.
- 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 recososalawfirm@gmail.com.We are here to assist you.
About Divorce & Separation Law in Rizal, Philippines
Divorce and separation are important family law matters for many couples in Rizal and across the Philippines. The country is known for its unique legal approach to marriage dissolution. Unlike most countries, the Philippines does not legally recognize absolute divorce except for Muslim Filipinos under the Code of Muslim Personal Laws. For most, marriage can only be legally ended through annulment or a declaration of nullity of marriage. Legal separation is another option where couples may live apart but remain married. These situations can be complex and often require knowledgeable legal guidance to navigate the process effectively and protect personal interests.
Why You May Need a Lawyer
Dealing with the end of a marriage or partnership is emotionally challenging and legally complex. You might need a lawyer if you are considering any of the following:
- Filing for an annulment, declaration of nullity, or legal separation
- Negotiating child custody, support, and visitation rights
- Dividing properties and debts acquired during marriage
- Seeking protection from abuse or violence during the process
- Understanding your legal rights and obligations under Philippine law
- Responding to a petition filed by your spouse
- Navigating the specific requirements of the courts in Rizal
- Ensuring your case is efficiently handled and your interests are protected
Local Laws Overview
In the Philippines, including Rizal, the Family Code governs marriage, annulment, legal separation, property relations, and child custody. The main legal options for those experiencing marital breakdown are as follows:
- Annulment - Declares a marriage void from the beginning due to specific legal grounds, such as psychological incapacity, fraud, lack of parental consent, among others.
- Declaration of Nullity of Marriage - For marriages considered void from the start, such as bigamous or incestuous marriages, or those without a marriage license.
- Legal Separation - Allows spouses to live separately and addresses issues like custody or property sharing, but does not end the marriage, so remarriage is not possible.
- Divorce (for Muslim Filipinos) - Under Presidential Decree No. 1083, Muslims in Rizal can access divorce through Shari’a Courts.
Each of these legal actions has specific requirements and consequences. For instance, children’s welfare and custodial arrangements are always a primary concern for the courts. The process can be lengthy and gather significant documentary evidence, making professional legal assistance important.
Frequently Asked Questions
Is divorce allowed in Rizal, Philippines?
For non-Muslim Filipinos, absolute divorce is not legally recognized in the Philippines, including Rizal. However, options like annulment, declaration of nullity, and legal separation are available. Muslim couples may obtain divorce through Shari’a Courts.
What is the difference between annulment and legal separation?
Annulment (or declaration of nullity) ends the marriage, making both individuals free to remarry. Legal separation allows spouses to live apart and divides property and custody but does not dissolve the marriage, so remarriage is not allowed.
How long does the annulment process take?
The duration varies widely and can range from several months to a few years, depending on court schedules, the case’s complexity, and the parties’ cooperation.
What are the grounds for annulment?
Common grounds include psychological incapacity, fraud, lack of parental consent (if required), force or intimidation, impotence, and infectious diseases at the time of marriage.
Can I get an annulment if I was married in the church only?
If there was no civil marriage, the marriage may be considered void in civil terms. You should consult a lawyer to determine if legal steps are necessary based on your situation.
What happens to our children after annulment or legal separation?
The court determines child custody based on the best interests of the child. Child support and visitation rights are also decided according to law.
How is property divided in annulment or legal separation?
Conjugal property or community property is divided equally, unless there is a valid marriage settlement (prenup) that states otherwise. The court oversees this division.
Do I need to live separately before filing for annulment or legal separation?
While some grounds for legal separation require physical separation for a specified period, this is not generally a prerequisite for annulment. A lawyer can advise you on your specific situation.
Can I remarry after annulment?
Yes, once the court issues a final decree of annulment or nullity of marriage, you are legally free to remarry.
How much does it cost to file for annulment or legal separation?
Costs can vary depending on lawyer’s fees, court fees, psychological evaluation fees, and other expenses. It’s best to consult directly with a legal professional for an accurate estimate based on your circumstances.
Additional Resources
If you are dealing with divorce or separation issues in Rizal, the following resources may help:
- Local Municipal or Regional Trial Court - For filing petitions and getting more information about legal procedures.
- Public Attorney’s Office (PAO) - Offers free legal assistance to those who qualify.
- Department of Social Welfare and Development (DSWD) - Offers support regarding child custody, family counseling, and protection from abuse.
- Barangay Women and Children’s Desk - Assists with domestic violence and family issues at the barangay level.
- Integrated Bar of the Philippines (IBP) Rizal Chapter - Connects people with reputable and experienced family law practitioners.
Next Steps
If you are considering or are involved in a divorce, annulment, or separation process in Rizal, here are some steps you can take:
- Consult with a qualified family lawyer familiar with Rizal’s local courts and applicable laws.
- Prepare and organize relevant documents, such as marriage certificate, proof of residency, and any evidence to support your grounds for annulment or separation.
- If safety is a concern, prioritize your well-being and that of your children by seeking help from authorities or social welfare agencies.
- Attend initial consultations to understand your options, requirements, and potential costs.
- Follow your lawyer’s advice regarding filing procedures and court appearances.
- Stay informed about your case’s progress, and communicate openly with your lawyer or legal aid provider.
Seeking legal assistance early can help protect your rights and ensure the best outcome for you and your family.
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.