Best Divorce & Separation Lawyers in Trece Martires City
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List of the best lawyers in Trece Martires City, Philippines
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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.
About Divorce & Separation Law in Trece Martires City, Philippines
Divorce is not legal in the Philippines, as it is the only country in the world where divorce is prohibited. However, legal separation is recognized as a way for married couples to separate and live apart. In Trece Martires City, like the rest of the Philippines, legal separation is governed by the Family Code of the Philippines.
Why You May Need a Lawyer
You may need a lawyer to navigate the complex legal process of legal separation, especially if there are issues such as child custody, division of assets, or spousal support involved. A lawyer can provide legal advice, help protect your rights, and ensure that your interests are represented in court.
Local Laws Overview
In Trece Martires City, legal separation is governed by the Family Code of the Philippines. Some key aspects include the grounds for legal separation, the process of filing a petition for legal separation, and the rights of both parties during the legal separation proceedings.
Frequently Asked Questions
1. Can I file for legal separation in Trece Martires City?
Yes, you can file for legal separation in Trece Martires City if you meet the grounds for legal separation as specified in the Family Code of the Philippines.
2. What are the grounds for legal separation in Trece Martires City?
Some of the grounds for legal separation in Trece Martires City include infidelity, abandonment, physical abuse, and drug addiction.
3. How long does the legal separation process take in Trece Martires City?
The legal separation process can vary in length depending on the complexity of the case and the cooperation of both parties. It can take several months to several years to finalize the legal separation.
4. Do I need to attend court hearings for legal separation in Trece Martires City?
Yes, both parties are typically required to attend court hearings during the legal separation process in Trece Martires City.
5. Can I remarry after obtaining a legal separation in Trece Martires City?
No, legal separation does not allow you to remarry. Only a legal annulment or a declaration of nullity of marriage can allow you to remarry in the Philippines.
6. How is child custody decided during legal separation in Trece Martires City?
Child custody is decided based on the best interests of the child. The court will consider factors such as the child's welfare, relationship with each parent, and ability to provide for the child.
7. Are assets divided during legal separation in Trece Martires City?
Yes, assets acquired during the marriage may be divided between the spouses during legal separation in Trece Martires City. The division of assets will depend on various factors such as contributions to the marriage and financial needs.
8. Can I negotiate a settlement with my spouse outside of court in Trece Martires City?
Yes, you can negotiate a settlement with your spouse outside of court through mediation or arbitration. It is recommended to consult with a lawyer to ensure that your rights are protected in the settlement.
9. What rights do I have during legal separation in Trece Martires City?
During legal separation, you have the right to seek financial support, child custody, visitation rights, and a fair division of assets. A lawyer can help you understand your rights and options during legal separation.
10. How can a lawyer help me during legal separation in Trece Martires City?
A lawyer can provide legal advice, represent you in court, negotiate on your behalf, help you understand your rights, and ensure that your interests are protected throughout the legal separation process in Trece Martires City.
Additional Resources
If you need legal assistance in Divorce & Separation in Trece Martires City, you can contact the Integrated Bar of the Philippines - Trece Martires City Chapter or seek help from family law organizations such as the Philippine Bar Association or the Legal Aid Society of the Philippines.
Next Steps
If you are considering legal separation in Trece Martires City, it is important to seek legal advice from a qualified lawyer who specializes in family law. A lawyer can guide you through the legal process, help you understand your rights, and work towards a fair resolution for all parties involved.
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.