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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Divorce & Separation
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Divorce & Separation
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Divorce & Separation
Annulment
About Divorce & Separation Law in Tagaytay, Philippines
Divorce and separation are legal processes that allow married couples to end their marriage or live separately in Tagaytay, Philippines. However, it is important to note that divorce is not yet recognized in the Philippines, including Tagaytay. Despite this, legal separation is a viable option for couples who wish to live separately and establish their rights and responsibilities.
Why You May Need a Lawyer
Seeking legal assistance is advisable in various situations related to divorce and separation in Tagaytay, Philippines. Some common scenarios where you may need a lawyer include:
- If you and your spouse cannot agree on important matters such as child custody, property division, or financial support
- If you are facing domestic abuse or violence and need legal protection
- If you need guidance on the legal processes and paperwork involved in divorce or separation
- If you believe your spouse is hiding assets or income that should be included in the division of property
Local Laws Overview
While divorce is not yet available in Tagaytay, legal separation is governed by the Family Code of the Philippines. Some key aspects of local laws relevant to divorce and separation in Tagaytay include:
- The grounds for legal separation, which include physical violence, drug addiction, infidelity, abandonment, and more
- The requirement to undergo mediation or counseling before pursuing legal separation
- The process for dividing conjugal or community property, including assets and debts acquired during the marriage
Frequently Asked Questions
1. Can I get a divorce in Tagaytay?
No, divorce is not yet recognized in Tagaytay or the Philippines as a whole.
2. What is legal separation?
Legal separation is a legal process that allows married couples to live separately while still remaining married. It establishes their rights and responsibilities such as child custody, support, and property division.
3. How long does the legal separation process take?
The duration of the legal separation process can vary depending on various factors, including the complexity of the case and the cooperation of both parties. It can take several months to over a year.
4. Is legal separation the same as annulment?
No, legal separation is different from annulment. Legal separation does not dissolve the marriage, whereas annulment declares the marriage null and void, as if it never took place.
5. How can I protect myself and my children during a legal separation?
You can seek legal assistance to obtain protection orders that safeguard you and your children from any form of abuse or danger. An experienced lawyer can guide you through this process.
Additional Resources
If you are in need of legal advice or assistance regarding divorce and separation in Tagaytay, Philippines, the following resources may be helpful:
- Tagaytay City Hall - Local government office that may provide information or contact details of lawyers specializing in family law
- Integrated Bar of the Philippines - A national organization of lawyers that can help you find legal representation
- Philippine Mediation Center - Provides mediation services for couples undergoing legal separation, helping them reach mutually acceptable agreements
Next Steps
If you require legal assistance for divorce or separation in Tagaytay, Philippines, it is important to take the following steps:
- Research and gather information about your rights and legal options
- Consult with a reputable lawyer who specializes in family law
- Be prepared to provide relevant documents and information about your marriage and concerns
- Follow the legal processes guided by your lawyer
- Keep open communication with your lawyer and provide updates as needed
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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.
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.