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
In 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.
Why You May Need a Lawyer
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.
Local Laws Overview
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.
Frequently Asked Questions
What is the difference between annulment and legal separation?
An annulment nullifies the marriage as if it never happened, while legal separation allows spouses to live apart but keeps the marriage legally intact.
Can I file for divorce in San Juan?
No, divorce is not available under Philippine law. Alternatives include annulment, declaration of nullity of marriage, and legal separation.
What are the grounds for annulment?
Grounds include lack of parental consent, psychological incapacity, fraud, impotence, and others specified under the Family Code.
Is legal separation easier to obtain than annulment?
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.
How does child custody get decided?
Child custody is determined based on the best interest of the child, with primary considerations towards the child’s welfare and development needs.
What happens to our properties during separation?
Properties are typically divided according to the property regime governing the marriage, such as absolute community of property or conjugal partnership of gains.
Can domestic abuse be a reason for annulment?
Domestic abuse is not a ground for annulment but can be a ground for legal separation.
How long does an annulment process take?
The annulment process can take several months to years, depending on the case's complexity and court availability.
Do I need a lawyer to file for annulment or legal separation?
Yes, due to the complexity and strict procedures involved, legal representation is strongly advised.
Are there any options for reconciliation during legal separation proceedings?
Yes, the court often requires spouses to undergo counseling and explore reconciliation as part of the proceedings.
Additional Resources
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.
Next Steps
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.
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.