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Free Guide to Hiring a Family Lawyer
Browse our 54 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
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...
Read full answerGreetings!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...
Read full answerGood 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...
Read full answerIn the Philippines, marriage is considered a lifelong commitment and is protected as an inviolable social institution by the Constitution. Unlike many other countries, the Philippines does not allow divorce, making it unique in its approach to marriage dissolution. However, legal alternatives exist, such as annulment, legal separation, and declaration of nullity of marriage, which residents in San Juan and the entire country may consider when dealing with marriage issues.
Engaging a lawyer when dealing with divorce and separation matters in San Juan is crucial due to the complex nature of family law in the Philippines. A lawyer can provide invaluable guidance and representation in various situations, such as when filing for an annulment or legal separation, ensuring child custody and support arrangements, dealing with property division, or addressing cases of domestic violence. A lawyer's expertise ensures that your rights are protected and that you accomplish legal processes correctly and efficiently.
In San Juan, as in the rest of the Philippines, the key legal framework for marriage dissolution includes the Family Code of the Philippines. The Code outlines the conditions under which a marriage can be annulled or declared void, as well as stipulations for legal separation, which does not dissolve the marriage but allows spouses to live separately. Grounds for annulment can include lack of parental consent, psychological incapacity, fraud, and others. A declaration of nullity applies to marriages void from the start, due to reasons like incest or bigamy. Legal separation can be pursued on grounds such as repeated physical violence or grossly abusive conduct.
An annulment nullifies the marriage as if it never happened, while legal separation allows spouses to live apart but keeps the marriage legally intact.
No, divorce is not available under Philippine law. Alternatives include annulment, declaration of nullity of marriage, and legal separation.
Grounds include lack of parental consent, psychological incapacity, fraud, impotence, and others specified under the Family Code.
Legal separation may be granted on grounds such as physical violence and adultery, without dissolving the marriage. Annulment and declaration of nullity require more stringent proof and legal processes.
Child custody is determined based on the best interest of the child, with primary considerations towards the child’s welfare and development needs.
Properties are typically divided according to the property regime governing the marriage, such as absolute community of property or conjugal partnership of gains.
Domestic abuse is not a ground for annulment but can be a ground for legal separation.
The annulment process can take several months to years, depending on the case's complexity and court availability.
Yes, due to the complexity and strict procedures involved, legal representation is strongly advised.
Yes, the court often requires spouses to undergo counseling and explore reconciliation as part of the proceedings.
For further assistance or information, you can reach out to the Department of Social Welfare and Development (DSWD), the Philippine Commission on Women (PCW), and various non-government organizations that provide counsel and support such as the Women’s Legal and Human Rights Bureau. Local Bar Associations can also be a valuable resource for finding qualified family law attorneys.
If you're considering legal action regarding separation or annulment, it's essential to consult with a family law attorney to understand your rights and options. Start by gathering all pertinent documents related to your marriage and assets. Schedule a consultation with a qualified lawyer in San Juan to begin the discussion about your specific situation, which will need tailored advice and representation. Legal professionals can guide you through the entire process, ensuring that your case is handled effectively and efficiently.
