Best Divorce & Separation Lawyers in Santa Rosa
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Philippines Divorce & Separation Legal Questions answered by Lawyers
Browse our 61 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
- 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.
- How many years is the process of divorcing?
- Hello and thank you for your enquiry. The length and cost of the divorce process varies depending on the nature of the divorce petition, location of the court and if minor children are involved. For advice tailored to your specific circumstances you may contact a legal practitioner for further information.Please note that the above is general information only and does not constitute legal advice or create attorney client relationship.
About Divorce & Separation Law in Santa Rosa, Philippines
In the Philippines, divorce is not recognized under the country's legal framework, which is heavily influenced by Catholic traditions. However, legal separation and annulment are available options for individuals seeking to end or alter the legal status of their marital union. In Santa Rosa, Laguna, like the rest of the Philippines, couples can seek legal separation if they no longer wish to live together but remain legally married. Annulment, on the other hand, is a legal process that effectively nullifies the marriage, treating it as though it never legally existed. Note that both processes can be complex, lengthy, and costly, requiring a thorough understanding of the legal grounds and procedures involved.
Why You May Need a Lawyer
Engaging a lawyer is often crucial in divorce and separation proceedings due to the intricate legal nature of these processes in the Philippines. A lawyer can provide valuable assistance in situations such as:
- Determining the appropriate legal action (annulment vs. legal separation).
- Navigating the complex legal requirements and documentation.
- Presenting evidence to support claims for annulment or legal separation.
- Negotiating settlements regarding child custody, support, and property division.
- Representing you in court proceedings and hearings.
Local Laws Overview
Santa Rosa, being a part of the Philippines, adheres to the national laws regarding marriage dissolution. Key aspects include:
- Annulment: Legal grounds include psychological incapacity, fraud, and lack of parental consent for underage marriages. A court declaration is required to annul a marriage legally.
- Legal Separation: Grounds include repeated physical violence, moral pressure to change a political or religious affiliation, or infidelity. Unlike annulment, legally separated couples remain legally married.
- Church Annulment: This is separate from civil annulment and is conducted by the Catholic Church for religious purposes. It's important to note that a church annulment does not have legal weight without a corresponding civil annulment.
Frequently Asked Questions
What is the difference between annulment and legal separation?
An annulment declares a marriage void as if it never legally existed, while legal separation allows married couples to live apart without dissolving the marriage bond.
Can I remarry after a legal separation?
No, legal separation does not allow for remarriage, as the marriage is still legally recognized.
How long does the annulment process take?
The duration varies, but it can take anywhere from one to two years or longer, depending on the case's complexity and court schedules.
How much does it cost to file for annulment or legal separation?
Costs can vary significantly based on attorney fees and court costs, ranging from a hundred thousand pesos to several hundreds of thousands.
Is it possible to file for divorce in the Philippines?
No, the Philippines does not have a legal framework for divorce for Filipino citizens, except for Muslim Filipinos under certain conditions.
What are the grounds for annulment in the Philippines?
Grounds include lack of parental consent, psychological incapacity, fraud, impotence, and other reasons defined by Philippine law.
Can a church annulment replace a civil annulment?
No, a church annulment is purely religious and does not have legal standing in the civil context.
Do we need to attend court hearings for annulment?
Yes, court hearings are necessary to present and examine evidence and testimonies supporting the annulment case.
Are there alternatives to resolving marriage issues without separation or annulment?
Counseling and mediation can be considered alternatives to address marital problems without resorting to legal separation or annulment.
How can child custody be arranged during legal separation?
Child custody arrangements need to be proposed and approved by the court, with the child's best interest as the primary consideration.
Additional Resources
For those seeking further help, consider reaching out to the Integrated Bar of the Philippines, local family law attorneys in Santa Rosa, and government agencies like the Department of Social Welfare and Development (DSWD) for assistance and information on marriage dissolution processes.
Next Steps
If you require legal assistance for divorce and separation matters, it is advisable to consult with a local lawyer who specializes in family law. They can provide detailed guidance tailored to your specific situation. Start by gathering all necessary documentation related to your marriage and any evidence supporting your claim. Ensure you attend all consultations and court hearings to facilitate a smooth legal 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.