Best Divorce & Separation Lawyers in Tacloban City
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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.
- 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 Tacloban City, Philippines
Divorce and separation are sensitive topics in the Philippines, including Tacloban City. Unlike many countries, the Philippines does not have a general law allowing divorce for its citizens, except for Muslims under certain conditions. Instead, couples seeking to end or modify their marital relationships often resort to legal separation, annulment, or declarations of nullity. These legal processes have specific requirements and consequences under Philippine law. Understanding the available options and what they mean for families is crucial for anyone facing marital difficulties in Tacloban City.
Why You May Need a Lawyer
Navigating marital issues and their legal implications can be overwhelming. You may need a lawyer for various reasons, including:
- Understanding your legal rights and obligations regarding marriage, property, and child custody
- Filing for annulment, legal separation, or nullity of marriage, which have complex procedures and requirements
- Protecting your interests if you are facing domestic violence or abuse
- Negotiating and drafting agreements on custody, support, and property settlements
- Representing you in court hearings or mediation proceedings
- Ensuring that the process follows the law and your children’s best interests are protected
- Seeking protection orders against an abusive spouse
- Understanding how legal separation or annulment affects inheritance, taxes, and other civil rights
Local Laws Overview
Philippine law governs all marital relationships in Tacloban City. The Family Code of the Philippines is the primary statute regulating marriage, annulment, legal separation, and matters like custody and support. Notably:
- Divorce is generally not allowed for non-Muslims
- Legal separation does not dissolve the marriage bond but allows couples to live separately while remaining legally married
- Annulments and declarations of nullity of marriage can effectively end a marital bond, but only under grounds specified by law such as psychological incapacity, fraud, or lack of a valid marriage license
- Issues regarding property, child custody, and support are resolved separately during these proceedings
- Muslims may access divorce processes under Presidential Decree 1083 (Code of Muslim Personal Laws)
Local courts in Tacloban City follow national law, so cases are filed at the appropriate regional trial court and may take time due to strict procedural requirements.
Frequently Asked Questions
Is divorce allowed in Tacloban City, Philippines?
Divorce is not generally allowed for Filipino citizens in Tacloban City except for Muslim Filipinos under specific conditions. For most people, options include annulment, declaration of nullity, or legal separation.
What is the difference between annulment and legal separation?
Annulment or declaration of nullity ends the marriage bond as if the marriage did not exist or was void from the start. Legal separation allows couples to live apart legally but does not dissolve the marriage, so they cannot remarry.
What are the grounds for annulment in the Philippines?
Grounds include lack of parental consent (if required), psychological incapacity, fraud, force, intimidation, undue influence, impotence, and certain cases of sexually transmitted diseases.
How long does an annulment take in Tacloban City?
The process can take one to several years, depending on the complexity of the case and the court’s caseload.
What happens to children when parents separate?
The court determines custody based on the child’s best interests. Children under seven years old are generally placed with the mother unless she is found unfit.
How is property divided after annulment or legal separation?
The property is divided according to the property regime established during marriage - usually either absolute community or conjugal partnership of gains. The court oversees a fair distribution based on the law.
Can I remarry after an annulment or legal separation?
You can only remarry after annulment or declaration of nullity has been finalized and duly registered. Legal separation does not allow remarriage.
Can a foreigner file for divorce in the Philippines?
Foreigners and former Filipinos may have some options, but Filipino citizens cannot file for divorce except under Muslim laws. However, a Filipino citizen married to a foreigner may benefit if the foreign spouse obtains a divorce abroad.
What protection is available for victims of abuse or violence?
Victims can seek protection orders under the Anti-Violence Against Women and Their Children Act (RA 9262) and may access legal assistance, shelters, and counseling.
Where do I file for annulment or legal separation in Tacloban?
Cases must be filed in the Family Court - a designated branch of the Regional Trial Court in Tacloban City where either spouse resides.
Additional Resources
- Public Attorney’s Office (PAO) Tacloban - provides free legal assistance for eligible individuals
- Department of Social Welfare and Development (DSWD) Region VIII - offers psychosocial support and referrals
- Integrated Bar of the Philippines (IBP) Leyte Chapter - can help you find private lawyers or legal clinics
- Barangay Women and Children’s Desk - first point of contact for domestic violence victims
- Tacloban City Social Welfare Office - offers guidance and support for families in crisis
Next Steps
If you are considering annulment, legal separation, or need help with marital issues in Tacloban City, consider the following steps:
- Consult a qualified family lawyer in Tacloban City to assess your situation and advise on your legal options
- Gather important documents such as marriage certificates, birth certificates of children, and records of property
- If facing domestic abuse, contact your local barangay or police, and seek immediate protection and assistance
- Visit the Public Attorney's Office if you need free legal help and meet the qualification requirements
- Prepare emotionally and financially for the legal process, which may take time and effort
Understanding the law and your rights is crucial to making informed decisions during this challenging time. Consulting a local legal professional is the best way to protect your interests and those of your children in any divorce or separation-related issue in Tacloban City.
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.