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List of the best lawyers in Davao City, Philippines

GARADO LAW OFFICE TORIL - Teresita's Promenade

Davao City, Philippines

English

GARADO LAW OFFICE TORIL, located at Door 8, Teresita’s Promenade on De Guzman Street in Toril Poblacion, Davao City, offers a comprehensive range of legal services. The firm is led by Atty. Joanna Paola "Nini" Garado, who provides expertise in various areas of law, including legal consultations,...

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Philippines Family Legal Questions answered by Lawyers

Browse our 127 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.

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.
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.
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.

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About Family Law in Davao City, Philippines

Family law in Davao City, Philippines, deals with legal matters concerning family relationships, such as marriage, divorce, child custody, and adoption. These laws are governed by the Family Code of the Philippines and other relevant statutes

Why You May Need a Lawyer

There are various situations where you may need a lawyer specializing in family law in Davao City, such as filing for divorce, resolving child custody disputes, adopting a child, or seeking legal protection from abuse or violence within the family.

Local Laws Overview

In Davao City, the Family Code of the Philippines is the primary law governing family matters. It covers areas such as marriage, legal separation, annulment, child custody, and support. It is important to be aware of these laws when dealing with family-related legal issues in Davao City.

Frequently Asked Questions

Q: How long does it take to get a divorce in Davao City?

A: The process of obtaining a divorce in Davao City can vary depending on the circumstances of the case. It typically takes several months to several years to complete.

Q: What is the process for adopting a child in Davao City?

A: The process for adopting a child in Davao City involves various steps, including filing an application with the court, attending adoption counseling, and obtaining legal clearance for the adoption.

Q: How is child custody determined in Davao City?

A: Child custody in Davao City is determined based on the best interests of the child. The court considers factors such as the child's age, relationship with each parent, and ability to provide for the child's needs.

Q: Can I get a legal separation in Davao City?

A: Yes, legal separation is a legal option in Davao City for couples who wish to live separately but remain legally married. It involves dividing assets and liabilities, determining child custody and support, and other related matters.

Q: What are the grounds for annulment in Davao City?

A: The grounds for annulment in Davao City include lack of parental consent, psychological incapacity, fraud, and other factors that render the marriage invalid from the beginning.

Q: How does domestic violence law protect victims in Davao City?

A: Domestic violence laws in Davao City provide legal protection to victims of abuse or violence within the family. Victims can seek protection orders from the court to prevent further harm.

Q: What are the legal rights of unmarried couples in Davao City?

A: Unmarried couples in Davao City do not have the same legal rights as married couples. However, they can still enter into agreements regarding property ownership, child custody, and other matters to protect their interests.

Q: Can a family lawyer help with child support issues in Davao City?

A: Yes, a family lawyer in Davao City can assist with child support issues, such as determining the appropriate amount of support, enforcing support orders, and modifying support agreements as needed.

Q: How can I find a reputable family lawyer in Davao City?

A: You can find a reputable family lawyer in Davao City by asking for referrals from friends or family, checking online reviews, and scheduling consultations with potential lawyers to discuss your case.

Q: What are the legal requirements for getting married in Davao City?

A: The legal requirements for getting married in Davao City include obtaining a marriage license, attending pre-marriage counseling, and having a solemnizing officer conduct the marriage ceremony.

Additional Resources

If you need legal advice or assistance with family matters in Davao City, you can contact the Integrated Bar of the Philippines Davao City Chapter or the Public Attorney's Office for low-income individuals requiring legal aid.

Next Steps

If you require legal assistance with family matters in Davao City, it is advisable to consult with a qualified family lawyer who can provide you with personalized advice and guidance based on your specific circumstances. Schedule a consultation with a lawyer to discuss your options and determine the best course of action for your case.

Lawzana helps you find the best lawyers and law firms in Davao City 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 Family, 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 Davao City, 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.