Best Divorce & Separation Lawyers in Tagbilaran

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List of the best lawyers in Tagbilaran, Philippines

BERONGOY & MONTECLAR LAW FIRM

15 minutes Free Consultation

Tagbilaran, Philippines

Founded in 2010

7 people in their team

English

About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal practitioner. His dedication and expertise soon caught the attention of Atty. Mark Opada, and together, they spearheaded numerous intricate property...

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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 Tagbilaran, Philippines

In the Philippines, divorce is not legally recognized. This means that married couples in Tagbilaran and elsewhere in the country cannot end their marriages through divorce. However, there are legal remedies available for couples seeking separation. These include legal separation and annulment. In a legal separation, couples are allowed to live separately, but are not allowed to remarry. An annulment, on the other hand, can declare a marriage void from the beginning, as if it never happened.

Why You May Need a Lawyer

Legal separation and annulment procedures in the Philippines can be lengthy and complex. Therefore, you may need the assistance of a lawyer to navigate these processes. A lawyer can guide you on how to file the petition, prepare the necessary documents, and represent you in court. Moreover, matters such as alimony, child custody, and division of properties can become contested issues, and a lawyer can help protect your rights and interests in these matters.

Local Laws Overview

The Family Code of the Philippines governs marital relations in the country. For a legal separation, you need to prove that your spouse has committed a serious misconduct such as physical violence, drug addiction, or infidelity. The court will not grant a legal separation merely upon mutual consent or irreconcilable differences. If you're seeking an annulment, the grounds include fraud, force, intimidation, incapacity, or serious psychological incapacity. The burden of proof lies on the petitioner.

Frequently Asked Questions

Can I remarry after a legal separation?

No, you cannot remarry after a legal separation. The marriage is still considered valid.

What happens to our properties in a legal separation?

The court will decide on the division of common properties between the spouses.

What are the grounds for annulment?

The grounds include fraud, force, intimidation, incapacity, or serious psychological incapacity.

Is there a cooling-off period for legal separation or annulment?

Yes, you cannot file a petition for legal separation within one year from the date of your marriage. For annulment, this period is five years.

What happens to our children in a legal separation or annulment?

The court will decide on the custody of minor children depending on their best interest.

Can I change my mind after filing for legal separation?

Yes, you can withdraw your petition before the court finalizes the decree of legal separation.

How long does a legal separation or annulment process take?

The process can take several months to a few years depending on the complexity of the case.

How much does a legal separation or annulment cost?

The cost varies depending on the lawyer's fees, court fees, and other expenses.

Do I need to be physically present in the Philippines to file for legal separation or annulment?

No, you can authorize a lawyer to file the petition on your behalf.

Do I need my spouse's consent to file for legal separation or annulment?

No, you do not need your spouse's consent. However, your spouse has the right to oppose your petition.

Additional Resources

You can refer to the Family Code of the Philippines and the Rules of Court for detailed information on separation and annulment procedures. Moreover, you might find assistance from non-governmental organizations that provide legal aid for family matters. Consider seeking psychological support from professionals or support groups to cope with the emotional stress during this process.

Next Steps

Begin by finding a reputable lawyer in Tagbilaran, who specializes in family law. Set up a consultation to discuss your situation and understand the potential outcomes of your case. Your lawyer will guide you through the steps of filing a petition for legal separation or annulment, preparing the necessary documents, and proceeding with the court hearings. Always communicate openly with your lawyer to ensure your rights and interests are well represented.

Lawzana helps you find the best lawyers and law firms in Tagbilaran 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 Tagbilaran, 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.