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Browse our 41 legal questions about Divorce & Separation in Philippines and the lawyer answers, or ask your own questions for free.
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.
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.
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.
No, you cannot remarry after a legal separation. The marriage is still considered valid.
The court will decide on the division of common properties between the spouses.
The grounds include fraud, force, intimidation, incapacity, or serious psychological incapacity.
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.
The court will decide on the custody of minor children depending on their best interest.
Yes, you can withdraw your petition before the court finalizes the decree of legal separation.
The process can take several months to a few years depending on the complexity of the case.
The cost varies depending on the lawyer's fees, court fees, and other expenses.
No, you can authorize a lawyer to file the petition on your behalf.
No, you do not need your spouse's consent. However, your spouse has the right to oppose your petition.
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.
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.
