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Recososa Law Firm

15 minutes Free Consultation

Lapu-Lapu City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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Browse family law firms by service in Lapu-Lapu City, Philippines

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Philippines Family Legal Questions answered by Lawyers

Browse our 119 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.

Can annulment or legal separation be filed even without evidence?: Good day from Recososa Law Firm!We received your inquiry from Lawzana regarding the possibility of filing for annulment or legal separation despite the absence of direct evidence such as screenshots of an extramarital affair. We are here to provide a clear legal response based on Philippine laws and jurisprudence.a.) Under Article 55 of the Family Code of the Philippines, legal separation may be granted on grounds such as repeated physical violence or grossly abusive conduct, drug addiction, and infidelity. Specifically, sexual infidelity or a proven extramarital affair constitutes a valid ground.b.) While direct evidence (e.g., screenshots, messages, photos) is helpful, Philippine courts allow circumstantial evidence and testimonial affidavits to establish proof of these grounds. For example, your personal testimony, corroborating witnesses (e.g., family, friends, or co-workers who knew of or witnessed the circumstances), and behavioral patterns may serve as competent evidence to support your claim.c.) As for annulment, if the basis is psychological incapacity under Article 36 of the Family Code, proof is required that one or both parties are incapable of fulfilling essential marital obligations. While infidelity alone does not equate to psychological incapacity, it may be cited as a manifestation of such incapacity if linked to an established personality disorder or persistent irresponsibility. This requires the assistance of a qualified psychologist or psychiatrist, but it can still proceed even if past consultation was limited—as long as the condition can be sufficiently described and proven during the proceedings.d.) In terms of cost, a Petition for Annulment or Legal Separation involves filing fees, professional fees, psychological evaluation (if applicable), and publication expenses. The exact amount depends on complexity, but we can structure the fees in a client-friendly and affordable manner. You may also negotiate for the erring spouse to shoulder the litigation cost as part of your prayer for damages, although such claims are subject to the discretion of the court.We strongly recommend that you hire us so we can evaluate the best course of action based on your full narrative. We can assist in building a compelling case supported by affidavit testimonies, documentation, and a psychiatric assessment when necessary.We can schedule an initial consultation via Zoom or in person. Client may schedule a convenient date and time of the meeting through the below Calendly link:https://calendly.com/recososalawfirmThere is a ₱2,000 consultation fee, which we will refund when you hire us after the consultation. Alternatively, client may also call or text +639175046510 or email [email protected] look forward to assisting you in protecting your rights and moving forward with confidence.
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.
For how long is the process of child legitimacy because it took 2 years for us until now.: Good day from Recososa Law Firm!We understand your concern regarding the prolonged process of legitimating your child, which has already taken two years without resolution. Under Philippine law, child legitimacy may arise through different legal remedies, depending on the circumstances of the child's birth and the subsequent actions of the parents.a.) If the child was born out of wedlock and the biological parents subsequently married, the process of legitimacy under Article 177 of the Family Code should be automatic, provided that the child was acknowledged by the father before or during the marriage. In such cases, the parents may file a petition with the Local Civil Registry to annotate the legitimacy in the child’s birth record, which typically takes only a few months if unopposed and all documents are complete.b.) However, delays often arise when there are documentary issues, incorrect entries in the birth certificate, conflicting records, or lack of personal appearance. In these instances, a petition for correction under Rule 108 of the Rules of Court may be necessary, which must be filed with the Regional Trial Court and involves publication and possible hearings. This court process can indeed take over a year, especially when there is court congestion or lack of follow-up.c.) If the child is not qualified for legitimacy but qualifies for recognition or filiation, the parent may instead initiate judicial proceedings to prove voluntary acknowledgment under Article 172 of the Family Code, which may also entail a court process.We strongly advise that you allow us to review your documents to assess what legal remedy is most appropriate and what has caused the delay in your case. By hiring our firm, we can directly intervene, monitor the court or civil registry proceedings, and expedite the correction or legitimacy petition to completion.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] look forward to assisting you in resolving this matter.

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About Family Law in Lapu-Lapu City, Philippines

Family law in Lapu-Lapu City, as in the rest of the Philippines, encompasses a wide range of legal issues related to family and domestic relationships. This includes matters such as marriage, divorce, child custody, adoption, domestic violence, and property settlements. The legal framework is largely influenced by both civil law and local customs, with the Family Code of the Philippines providing the primary regulations. Lapu-Lapu City, situated in Cebu Province, follows these national laws while also considering local nuances.

Why You May Need a Lawyer

Individuals may require legal assistance in family law for various reasons. Common situations include navigating the complexities of filing for annulment or legal separation, resolving disputes over child custody and visitation rights, handling cases of domestic abuse, and managing inheritance issues under succession laws. In such scenarios, it is crucial to have a knowledgeable lawyer who can provide guidance and advocate for one's interests effectively, ensuring compliance with both local and national legal provisions.

Local Laws Overview

The Family Code of the Philippines is the primary legal document governing family matters in Lapu-Lapu City. Key aspects include the legal requirements for marriage, the processes for annulment and legal separation, the rights and responsibilities of spouses, guidelines regarding child custody and support, and regulations pertaining to adoption. Additionally, the Anti-Violence Against Women and Their Children Act provides protection for victims of domestic abuse. Local courts enforce these laws, with courts in Lapu-Lapu City handling cases pertinent to the region.

Frequently Asked Questions

What are the grounds for annulment in the Philippines?

Annulment in the Philippines can be granted on several grounds, including lack of parental consent, psychological incapacity, fraud, force, intimidation, undue influence, impotence, and sexually transmitted diseases.

Is divorce recognized in the Philippines?

The Philippines does not recognize divorce as it is practiced in many other countries. Instead, legal separations and annulments are the formal processes for addressing marriage dissolution.

How is child custody determined?

Child custody is determined based on the best interests of the child, considering factors such as the child's age, health, and emotional ties to each parent. The primary caregiver is often favored, especially for young children.

What is the process for adopting a child?

Adoption is a legal process that requires compliance with the Domestic Adoption Act, involving several steps such as pre-adoption assessments, filing a petition, and obtaining a court decree after necessary evaluations and hearings.

How can one file for legal separation?

Legal separation requires filing a petition with the Family Court, citing grounds such as repeated physical violence, grossly abusive conduct, and adultery. The court process involves hearings and presenting evidence.

What legal protection exists for domestic violence victims?

The Anti-Violence Against Women and Their Children Act provides protective measures such as protection orders, legal assistance, and support services for victims of domestic violence.

Can prenuptial agreements be enforced in Lapu-Lapu City?

Yes, prenuptial agreements are enforceable in the Philippines, provided they are entered into voluntarily by both parties without fraud, intimidation, or undue influence.

What are the rights of illegitimate children?

Illegitimate children are entitled to support, but they have limited inheritance rights compared to legitimate children. They can inherit only half of what legitimate children inherit from their parents.

How is spousal support determined?

Spousal support is determined based on the needs of the receiving spouse and the ability of the other spouse to provide support. The court considers factors such as duration of marriage, standard of living, and financial resources.

What happens if one parent wants to relocate with the child?

If a parent wishes to relocate with a child, they must obtain permission from the other parent or the court, demonstrating that the move serves the best interests of the child.

Additional Resources

For those seeking further assistance or guidance in family law matters in Lapu-Lapu City, several organizations and governmental bodies can provide support. The Integrated Bar of the Philippines (IBP) can connect individuals with reputable lawyers. The Department of Social Welfare and Development (DSWD) offers services related to child custody and welfare. Additionally, local barangay offices can provide mediation services for family disputes.

Next Steps

If you find yourself in need of legal assistance regarding family law issues in Lapu-Lapu City, it is advisable to seek counsel from a qualified family law attorney. You can start by reaching out to the local chapter of the Integrated Bar of the Philippines or inquire at the family court in Lapu-Lapu City. Preparing relevant documents and a concise summary of your case will facilitate more effective communication with your legal representative. Remember, understanding your rights and the legal processes available is crucial to protecting your interests in family law matters.

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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.