Best Family Lawyers in Cavite City
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List of the best lawyers in Cavite City, Philippines
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Philippines Family Legal Questions answered by Lawyers
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- Asking for an advices on what to do
- Steps you can take nowContact the nearest Philippine Embassy or Consulate. The Department of Migrant Workers (DMW), in coordination with Philippine embassies, provides assistance for OFWs experiencing abuse. They can connect you with welfare officers and legal aid.Seek legal counsel in the Philippines. Consult a lawyer specializing in family law who can formally evaluate your situation and advise you on the best course of action. They can assist you with filing for nullity of marriage or a protection order. Many law firms and the Public Attorney's Office (PAO) provide legal aid services.Document everything. Keep a record of all relevant details, including:Medical records: Proof of your husband's diagnosis and hospitalization abroad.Financial records: Your remittance receipts, records of your debt, and expenses for your children.Instances of abuse: A journal of all past abusive incidents, including psychological and economic abuse.Prioritize your safety and your children's well-being. Your immediate priority is to ensure your family's safety. Contact local authorities and support services in your country of residence if you are in immediate danger. For assistance in the Philippines, you can contact the Philippine National Police Women and Children's Concerns Division or the Department of Social Welfare and Development (DSWD). Legal grounds to seek freedom from your marriageAnnulment of marriage based on psychological incapacitySince absolute divorce is not yet legal in the Philippines, one of your primary legal options is to petition a Philippine court to have your marriage annulled. This could be based on the psychological incapacity of your husband. Psychological Incapacity: A marriage can be declared void if one or both spouses are unable to perform their essential marital obligations due to a deeply rooted psychological condition that existed at the time of the marriage.Relevance to your case: Your husband's schizophrenia, hospitalization, refusal to take medicine, and history of abuse could be used by a lawyer to build a strong case for psychological incapacity. The Supreme Court has previously nullified marriages based on a spouse's failure to provide emotional support or financial support due to a condition that demonstrates an inability to fulfill marital duties.Atty. Mario P Narag, Jr, CPA, REB, REA 09189395137www.naraglawoffice.com
- Filing a Child Support Case
- In the Philippines, you can pursue child support against your son's seafarer father by filing a case for support, even if he is not communicating with you. While the failure to pay child support isn't a criminal offense, Republic Act 9262 (Anti-Violence Against Women and Their Children Act) provides for penalties in certain cases, and you can petition the court to increase the support amount if the current payments are insufficient. You may need to consult with a lawyer to help you with the legal process of demanding child support. We can help youAtty. Mario P. Narag, Jr, CPA, REB, REA09189395137 www.naraglawoffice.com
- Recignizing a foreign divorce
- Hello:Let me guide you on the recognition of a foreign divorce decree here In the Philippines. Under Article 26 of the Family Code of the Philippines, if one of the spouses is a foreign national and obtains a valid divorce abroad, the Filipino spouse may file for recognition of that divorce in the Philippine courts. This allows the Filipino to remarry and update his or her civil status records.a.) Requirements generally include an authenticated copy of the divorce decree from the US court, as well as proof of its finality. You also need the marriage certificate issued by the Philippine Statistics Authority (PSA), plus a copy of the foreign law that recognizes divorce, which will usually be presented through legal authentication.b.) Yes, you will need to file a petition before the Regional Trial Court in the Philippines. The length of the process may vary depending on the court’s calendar but typically ranges from one year to two years, though it may be shorter if uncontested.c.) As to costs, filing and court fees are relatively minimal compared to attorney’s fees. Professional fees vary depending on the lawyer and the complexity of the case.d.) It is advisable to have a lawyer represent you, as the process is judicial and requires presentation of documentary evidence and compliance with procedural rules. It cannot be done purely on your own.e.) Once granted, the recognition will be forwarded to the Local Civil Registrar and PSA to annotate your marriage certificate, thereby updating your marital status to reflect the divorce.We at Recososa Law Firm handle such cases regularly. We have offices in Luzon, Visayas and Mindanao, so we can assist you wherever you are situated. We can schedule an initial consultation via Google Meet or Zoom, or a face-to-face consultation at our office. You may email us at recososalawfirm@gmail.com and indicate that you are a client from LawZana, or you can also call or text us at +639175046510.If this answers your concern to your satisfaction, I hope it is not too much to ask that you like and share our Facebook page and leave us a rating on Google. This truly inspires us to continue extending help through platforms like this.Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
About Family Law in Cavite City, Philippines:
Family law in Cavite City, Philippines governs legal issues related to family relationships, such as marriage, adoption, child custody, and domestic violence. It aims to protect the rights and interests of individuals within the family unit and resolve disputes through legal means.
Why You May Need a Lawyer:
You may need a lawyer in Family law cases in Cavite City for various reasons, including divorce proceedings, child custody disputes, adoption processes, drafting legal documents such as prenuptial agreements, and seeking protection from domestic violence. A lawyer can provide valuable legal advice, representation in court, and help you navigate the complexities of family law.
Local Laws Overview:
Local laws in Cavite City pertaining to Family cover matters such as marriage and annulment, child support and custody arrangements, property division in divorce cases, and protection against domestic violence. It is essential to be familiar with these laws to ensure that your rights are protected and legal issues are resolved efficiently.
Frequently Asked Questions:
Q: What are the grounds for annulment in Cavite City?
A: The grounds for annulment in Cavite City include lack of parental consent, psychological incapacity, fraud, consent obtained under duress, and impotence.
Q: How is child custody determined in Cavite City?
A: Child custody is determined based on the best interests of the child, considering factors such as the child's age, health, relationships with each parent, and the ability of each parent to provide care.
Q: Can I get a restraining order against my abusive spouse in Cavite City?
A: Yes, you can seek a restraining order against an abusive spouse in Cavite City to protect yourself and your children from further harm.
Q: How can I adopt a child in Cavite City?
A: To adopt a child in Cavite City, you must meet certain eligibility criteria, undergo a screening process, obtain consent from the child's biological parents (if applicable), and comply with legal requirements set forth by the court.
Q: What are the legal requirements for getting married in Cavite City?
A: The legal requirements for getting married in Cavite City include obtaining a marriage license, undergoing pre-marital counseling, and complying with age and consent requirements.
Q: How is property division handled in divorce cases in Cavite City?
A: Property division in divorce cases in Cavite City is governed by the Family Code of the Philippines, which presumes equal sharing of assets acquired during the marriage unless otherwise agreed upon by both parties.
Q: Can I modify child support arrangements in Cavite City?
A: Child support arrangements can be modified in Cavite City through a court petition if there has been a significant change in circumstances, such as an increase or decrease in income or a change in the child's needs.
Q: What are my rights as a parent in Cavite City?
A: As a parent in Cavite City, you have the right to make decisions regarding your child's upbringing, education, health, and welfare, as long as they are in the best interests of the child.
Q: How can I legally separate from my spouse in Cavite City?
A: You can legally separate from your spouse in Cavite City through a judicial separation of property or a legal separation, which allows you to live apart while still being married.
Q: What legal remedies are available for victims of domestic violence in Cavite City?
A: Victims of domestic violence in Cavite City can seek legal protection through a protection order, file criminal charges against the abuser, and seek assistance from government agencies and NGOs that provide support services for victims of domestic violence.
Additional Resources:
For more information and assistance on Family law matters in Cavite City, you can contact the Integrated Bar of the Philippines - Cavite Chapter or seek help from the Department of Social Welfare and Development (DSWD) or local women's shelters.
Next Steps:
If you require legal assistance in Family law matters in Cavite City, it is advisable to consult with a qualified Family law attorney who can provide you with personalized advice and representation in court. Schedule a consultation to discuss your case and explore your legal options moving forward.
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.