Best Divorce & Separation Lawyers in San Fernando
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List of the best lawyers in San Fernando, Philippines
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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 San Fernando, Philippines
Divorce and separation matters in San Fernando, Philippines, are governed by national laws. The Philippines is unique because it does not recognize absolute divorce for most citizens. Instead, legal remedies such as annulment, declaration of nullity of marriage, and legal separation are available for those seeking to end or restructure the marital relationship. For Filipino Muslims, divorce is available under the Code of Muslim Personal Laws. For most, the process of terminating or suspending marriage rights is complex, requiring an understanding of both legal and personal factors.
Why You May Need a Lawyer
In San Fernando, navigating the legal avenues available for marital dissolution or separation can be challenging. Here are some common situations where legal help is essential:
- Filing for annulment or declaration of nullity of marriage
- Pursuing legal separation to formalize living apart while staying legally married
- Dealing with complex property division or conjugal assets
- Seeking child custody and visitation arrangements
- Enforcing or disputing child support or spousal support
- Responding to claims of domestic violence or abuse
- Ensuring compliance with local court procedures and documentary requirements
A lawyer can guide you through all technical requirements, help protect your rights, and support you emotionally and legally throughout the process.
Local Laws Overview
People in San Fernando, Pampanga must follow Philippine laws regarding marriage and separation. Here are some key aspects:
- Annulment - This legal process treats the marriage as if it never happened due to specific grounds, such as lack of parental consent, fraud, or psychological incapacity. It is filed before the family court.
- Declaration of Nullity - This is applicable when a marriage is void from the start, for example when one or both spouses lacked legal capacity to marry or failed to secure a marriage license.
- Legal Separation - This allows spouses to live separately and divide property but the marriage bond remains. Grounds include physical violence, drug addiction, adultery, abandonment, and others.
- Divorce for Muslims - Muslim Filipinos may avail of divorce under Presidential Decree No. 1083, but Catholic and other non-Muslim citizens generally cannot avail of divorce.
- Custody and Support - Family courts determine child custody and support based on the best interests of the child. The law also mandates support for children and, in some cases, for the spouses.
- Family Courts - San Fernando, Pampanga has designated family courts for hearing annulment, nullity, and legal separation cases.
Frequently Asked Questions
What is the difference between annulment and legal separation?
Annulment declares the marriage void, as if it did not exist, due to legal grounds such as psychological incapacity or fraud. Legal separation allows spouses to live apart and divide property, but they remain legally married and cannot remarry.
Is divorce allowed in San Fernando, Philippines?
Divorce is not available to most Filipinos. The exception is for Muslim Filipinos, under specific conditions. Non-Muslims must seek annulment, declaration of nullity, or legal separation.
What are common grounds for annulment?
Common grounds include lack of parental consent for those below 21, insanity, fraud, force or intimidation, impotence, sexually transmitted disease, or psychological incapacity.
How long does an annulment process take?
Annulment can take anywhere from one to several years, depending on the complexity of the case, court schedules, and available evidence.
Can I remarry after annulment?
Yes, once the court issues a final decree of annulment and the marriage is recorded as annulled with the civil registry, you may remarry.
Who gets custody of the children?
The family court will decide custody based on the best interests of the child. For children below seven years old, custody is usually given to the mother unless there are compelling reasons otherwise.
How is property divided in separation cases?
The division of property depends on the regime of marriage (conjugal partnership of gains, absolute community, or separation of property). Normally, conjugal assets acquired during the marriage are divided equally unless otherwise stipulated.
Are both spouses required to attend court hearings?
Generally, both parties must attend, especially during trial and mediation. Absence may delay proceedings or affect the outcome, unless justified.
What happens if a spouse refuses to respond to an annulment or separation case?
If a spouse does not respond despite proper notice, the court may proceed and decide the case based on the evidence presented by the petitioner.
Do I need a lawyer for annulment or legal separation?
Yes, legal representation is highly recommended since these cases involve technical legal procedures, documentary requirements, and court appearances.
Additional Resources
If you need more information or assistance, consider reaching out to these resources:
- San Fernando City Hall - Civil Registry Office - For marriage certificates and related civil documents.
- San Fernando Family Court - Handles cases related to annulment, nullity, and separation. Clerk of Court can provide procedure guidelines.
- Department of Social Welfare and Development (DSWD) - Offers support, counseling, and programs for families in crisis.
- Public Attorney’s Office (PAO) - Provides free legal assistance for qualified individuals who cannot afford private lawyers.
- Integrated Bar of the Philippines - Local chapter can help refer you to family law practitioners in San Fernando.
Next Steps
If you are considering annulment, legal separation, or need help with any family law matter in San Fernando, Philippines, here are the next steps to take:
- Gather all relevant documents related to your marriage, property, and children.
- Consult with a family lawyer to understand your legal options. Many offer initial consultations.
- If you qualify, visit the Public Attorney’s Office for free legal assistance.
- Prepare for a possible mediation or court procedure, as required by local law.
- Stay informed by reaching out to local government offices or support organizations for guidance.
Seeking legal advice from a qualified professional is crucial to protecting your rights and ensuring the best possible 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.