Best Divorce & Separation Lawyers in Surigao City

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Cagula Diaz & Associates Law Firm - Surigao City

Cagula Diaz & Associates Law Firm - Surigao City

Surigao City, Philippines

English
Cagula Diaz & Associates Law Firm, located in Surigao City, Philippines, is a distinguished legal practice known for its comprehensive legal services. The firm operates from its office on Gov. Jose Sering Road, Surigao City, 8400 Surigao del Norte, Philippines. Established on May 17, 2021, under...
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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
Marriage
Family
Divorce & Separation
Annulment
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
Divorce & Separation
Family
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?
Divorce & Separation
Annulment
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 Surigao City, Philippines

In the Philippines, marriage is considered a permanent union protected by law and religion. Therefore, divorce, as understood in other parts of the world, is not legally recognized in Surigao City or elsewhere in the country. Instead, couples may pursue legal separation or an annulment. Legal separation allows for the separation of property and living arrangements but does not dissolve the marriage bond itself. Annulment declares the marriage null, as if it never legally existed. Simplified procedures exist for judicial separation of property and nullity of void marriages, but these processes are governed by complex laws that require careful navigation.

Why You May Need a Lawyer

There are various situations where individuals might seek legal counsel during Divorce & Separation proceedings in Surigao City. For instance, understanding the grounds for legal separation or annulment can be complex. Furthermore, cases involving custody of children, division of property, and financial support require expert navigation of the law to ensure a fair outcome. A trained lawyer can help in drafting agreements, filing petitions, representing clients in court, and providing guidance on the nuances of family law in the Philippines.

Local Laws Overview

The key aspects of local laws relevant to Divorce & Separation in Surigao City are embedded in the Family Code of the Philippines. This includes provisions for legal separation, which does not end the marriage but allows for legal partitioning of property and separation of living arrangements. Grounds for annulment must meet specific criteria such as mental incapacity, fraud, or consent issues at the time of the marriage. Surigao City, like other areas in the Philippines, follows these laws strictly, and the process can be lengthy and requires substantial proof and documentation.

Frequently Asked Questions

What is the difference between legal separation and annulment?

Legal separation allows spouses to live apart and manage their own finances while remaining legally married. Annulment, on the other hand, is a court declaration that the marriage was invalid from the beginning.

Can I file for divorce in Surigao City?

Divorce is not legally recognized in the Philippines. Instead, those seeking to end their marriage may pursue annulment or legal separation.

What are the grounds for legal separation?

Grounds include repeated physical violence, moral pressure to change religious or political affiliation, imprisonment, drug addiction, homosexuality, or infidelity, among others.

How is child custody determined?

Child custody is determined based on the best interests of the child, considering factors such as the child's age, health, parent’s ability, and the child's preference.

What happens to the property we acquired together?

Property acquired during the marriage is subject to division; how it is divided depends on the property regime (e.g., absolute community, complete separation) into which you entered the marriage.

Can I remarry after annulment?

Yes, once an annulment is granted, both parties are free to remarry.

How long does the annulment process take?

The process can take anywhere from a few months to a few years, depending on the complexity of the case and the court's availability.

Is annulment expensive?

The cost varies depending on legal fees, documentation, and potential appeals. Costs can be significant due to the legal complexity involved.

Can legal separation be converted to annulment?

Legal separation cannot be converted directly into annulment, as annulment has its own separate grounds and procedures.

Do both parties need to agree for annulment to proceed?

No, mutual consent is not necessary, though it may simplify proceedings. One party can pursue annulment independently if they have valid grounds.

Additional Resources

For further assistance, individuals can reach out to the Philippine Family Courts in Surigao City, consult with local legal aid societies, or contact the Philippine Commission on Women. These organizations provide valuable resources and guidance for individuals navigating the legal processes of separation and annulment.

Next Steps

If you require legal assistance in Divorce & Separation, consider consulting with a family law attorney in Surigao City. Schedule a consultation to discuss your specific situation and gain tailored advice on proceeding with either a legal separation or annulment. Gathering necessary documents, understanding your legal rights, and preparing for court proceedings are crucial steps in protecting your interests and ensuring the best outcome for yourself and your family.

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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.