Best Divorce & Separation Lawyers in San Juan
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List of the best lawyers in San Juan, Philippines
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:👉 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 San Juan, Philippines
Divorce & Separation in San Juan, Philippines is governed by the Family Code of the Philippines. However, it is important to note that divorce is not legal in the Philippines. Instead, legal separation is the alternative option for couples who wish to end their marriage. Legal separation allows spouses to live separately, divide their assets, and establish custody and support arrangements while still legally married.
Why You May Need a Lawyer
There are various situations where seeking legal help for divorce and separation in San Juan, Philippines is recommended:
- If you are considering legal separation and need guidance on the process and requirements
- If you and your spouse are unable to agree on important issues like child custody, support, or division of property
- If you encounter difficulties or disputes during the legal separation process
- If you need assistance with negotiating a settlement agreement
- If you require help in navigating complex paperwork and legal procedures
Local Laws Overview
When pursuing divorce and separation in San Juan, Philippines, you should be aware of the following key aspects of local laws:
- Divorce is not legal in the Philippines, and legal separation is the only recognized option for ending a marriage
- Both spouses must be citizens of the Philippines or have been living in the country for at least one year prior to filing for legal separation
- The grounds for legal separation include adultery, physical abuse, drug addiction, and abandonment, among others
- During the legal separation process, assets and debts will be divided between the spouses
- The court will decide on child custody and support arrangements based on the best interests of the child
Frequently Asked Questions
Q: Can I get a divorce in San Juan, Philippines?
No, divorce is not legal in the Philippines. Only legal separation is recognized as a means to end a marriage.
Q: How long does the legal separation process typically take?
The duration of the legal separation process in San Juan, Philippines varies depending on individual circumstances and court caseload. It can take several months to a few years to complete.
Q: What happens to our assets during legal separation?
During legal separation, your assets will be divided between you and your spouse. The court will consider various factors, including the contribution of each spouse to the acquisition of assets, in deciding the division.
Q: Can legal separation be reversed in the future?
No, legal separation in San Juan, Philippines is permanent. However, reconciliation is possible, and couples can choose to live together again without legally nullifying the separation.
Q: How is child custody determined during the legal separation process?
Child custody is determined by the court, taking into consideration the best interests of the child. Factors such as the child's age, health, and relationship with each parent will be considered.
Additional Resources
- San Juan City Hall - Family Court: Contact the San Juan City Hall to inquire about family court procedures and resources specific to your situation.
- Integrated Bar of the Philippines (IBP): The IBP offers legal assistance and can help you find a qualified family lawyer in San Juan, Philippines.
Next Steps
If you require legal assistance for divorce and separation in San Juan, Philippines, the following steps are recommended:
- Research and gather information about divorce and separation laws in San Juan, Philippines.
- Consult with a qualified family lawyer who specializes in divorce and separation cases.
- Discuss your situation with the lawyer and provide all necessary documents and information.
- Follow the legal advice given by your lawyer and complete any required paperwork.
- Attend court hearings and cooperate with your lawyer throughout the legal separation process.
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.