Best Divorce & Separation Lawyers in Santiago

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List of the best lawyers in Santiago, Philippines

NARAG LAW OFFICE

Santiago, Philippines

Founded in 2015

12 people in their team

www.naraglawoffice.com

English

You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for more than 20 years (SGV&Co., PriceWaterhouse Coopers,.AIG/AIA, etc). He has so far positively used his extensive experience as a...

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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.

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About Divorce & Separation Law in Santiago, Philippines

The Philippines, including Santiago City, is a country where divorce is not legally recognized. It is one of the last two countries globally, alongside the Vatican, that do not support divorce. Instead, the Philippines enforces the principle of separation and offers annulment as an option for couples who wish to end their marriage.

Even though separation is not the same as divorce, it still has implications that are particularly crucial when it comes to ownership of joint properties, child custody, and financial support. Legal separation allows spouses to live separately but does not end the marriage, while annulment declares a marriage null and void from the start.

Why You May Need a Lawyer

If you or your spouse is considering annulment or separation, it is highly recommended that you consult with a lawyer. Legal separation or annulment are significant decisions that can drastically affect your life, most especially when it involves property division, child custody, and financial matters. Lawyers can provide advice that is tailored to your personal circumstances, guide you through all legal complexities, and represent your interests in court should there be a need.

Local Laws Overview

In Santiago, Philippines, Legal Separation can only be filed on the grounds of repeated physical violence, drug addiction, homosexuality, and attempted murder. It allows couples to live apart and divide their property. However, neither party is allowed to remarry.

Annulment, on the other hand, can be requested on grounds such as lack of parental consent, psychological incapacity, fraud, consent for marriage obtained by force, physical incapability of consummating the marriage, and contracting of sexually-transmitted disease. When an annulment is granted, it is as if the marriage never happened, thus allowing both parties to remarry.

Frequently Asked Questions

Can I file for divorce in Santiago, Philippines?

No, you cannot file for divorce in Santiago, Philippines. The nation does not recognize divorce.

What is the difference between an Annulment and a Legal Separation?

Annulment declares a marriage null and void from the start, allowing the parties to remarry. Legal separation, however, doesn't end a marriage but permits spouses to live separately.

What are the grounds for Legal Separation?

Legal separation can be filed on grounds of repeated physical violence, drug addiction, homosexuality, and attempted murder.

What are the grounds for Annulment?

Grounds for annulment include lack of parental consent, psychological incapacity, fraud, consent for marriage obtained by force, physical incapability of consummating the marriage, and contracting of a sexually-transmitted disease.

Is there a residency requirement for annulment in the Philippines?

Yes, at least one party must have been a resident of the Philippines for at least one year before filing for annulment.

Do I need a lawyer for an annulment or legal separation?

Yes, it is highly recommended that you seek legal advice as the process can be complex and involves crucial decisions on property, finances, and child custody.

How long does the process of annulment take?

The process can be lengthy, often taking one to two years to complete due to the congested court system.

Do I still have financial obligations to my spouse after a Legal Separation?

Yes, typically, financial support obligations remain despite a legal separation. The obligations would depend on the provisions of the separation agreement.

Who gets custody of the children in case of Legal Separation or Annulment?

Custody is decided based on what the court determines as the child’s best interest. However, the law tends to favor the mother for children under seven years of age.

Can I remarry after a Legal Separation?

No, a Legal Separation does not dissolve a marriage, meaning you cannot remarry.

Additional Resources

You can seek help from local government bodies like the Department of Social Welfare and Development (DSWD) and Commission on Women (PCW). Local non-profit organizations, such as the Women's Crisis Center, also provide assistance to individuals seeking legal advice on marriage dissolution.

Next Steps

If you need legal assistance in divorce and separation, it is advisable to consult with a qualified family law attorney. The attorney can guide you through the process, provide personalised advice, help protect your rights and interests, and represent you in court if required. It is also worth educating yourself about the laws pertaining to separation and annulment in the Philippines.

Lawzana helps you find the best lawyers and law firms in Santiago through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Divorce & Separation, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Santiago, Philippines—quickly, securely, and without unnecessary hassle.

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.