Best Family Lawyers in Lipa City
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List of the best lawyers in Lipa City, Philippines
Browse family law firms by service in Lipa City, Philippines
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Philippines Family Legal Questions answered by Lawyers
Browse our 120 legal questions about Family in Philippines and the lawyer answers, or ask your own questions for free.
- Cohabitation
- Greetings!From your statement and narration, I am assuming that you are referring to the Filipina woman that you were cohabiting, correct? If so, considering that you are not married to her, there is no financial obligation for you to provide a settlement for her, more so that you are not in any way obligated to provide her a house. If the condominium unit is under your name, you can legally eject her from said condominium, of course, we have to follow the legal requirements needed to do so. She has no right whatsoever to be there since you are not married. This appears to be a simple case of extortion.Women here right now uses the VAWC or Violence against women and their children act as a threat to men in getting what they want. Fortunately, now, the indictment of criminal cases has become more strict as people tend to abuse our laws using them as leverage to exact whatever they want from the other party.If you have other concerns, you may email us at [email protected] or you may call us at 09542639502. Thank you. Atty. LM Gonzales
- 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.
About Family Law in Lipa City, Philippines
Family law in Lipa City, Philippines refers to the legal principles and regulations that govern issues related to family, marriage, adoption, child custody, and other familial matters. The laws aim to protect the rights and interests of individuals within the family unit, ensuring the well-being and stability of families.
Why You May Need a Lawyer
There are several situations where seeking legal help in family matters may be necessary. Some common scenarios include:
- Divorce or annulment proceedings
- Child custody disputes
- Adoption or surrogacy processes
- Guardianship arrangements
- Domestic violence or abuse
- Property division during divorce
- Child support or alimony matters
Local Laws Overview
The key aspects of family law in Lipa City, Philippines include:
- Marriage and divorce regulations
- Child custody and support laws
- Adoption and surrogacy guidelines
- Property rights and division
- Protection against domestic violence
- Legal separation and annulment procedures
- Guardianship and child welfare laws
Frequently Asked Questions
1. How can I file for divorce in Lipa City?
In Lipa City, divorce is not yet legal. However, legal separation and annulment are options available for couples who wish to dissolve their marriage. Consulting with a family lawyer can provide further guidance on your specific circumstances.
2. What factors are considered in determining child custody?
The court typically considers the child's best interests when determining custody. Factors such as the child's age, relationship with each parent, living arrangements, and the parents' ability to provide for the child's needs are taken into account.
3. How is child support calculated in Lipa City?
Child support is calculated based on the income and financial capabilities of the parents, as well as the needs of the child. The court will consider factors such as the child's educational expenses, medical needs, and standard of living.
4. What is the process of adopting a child in Lipa City?
The adoption process in Lipa City involves filing an application with the court, completing a comprehensive home study, attending counseling sessions, and obtaining clearance from the necessary government agencies. It is recommended to seek guidance from an experienced family lawyer to navigate through the adoption procedure.
5. How can I seek protection from domestic violence?
If you are a victim of domestic violence, you can obtain a protection order through the courts. This order may include provisions such as restraining the abuser from approaching or contacting you, granting temporary custody of children, and providing for other necessary protection measures.
Additional Resources
For further assistance and information, you may find these resources helpful:
- The Integrated Bar of the Philippines - Lipa City Chapter
- Department of Social Welfare and Development (DSWD) - Lipa City
- National Bureau of Investigation (NBI) - Lipa City
- Philippine National Police (PNP) - Women and Children's Protection Desk (WCPD)
Next Steps
If you require legal assistance in matters related to family law in Lipa City, it is advisable to consult with a reputable family lawyer. They can provide personalized advice based on your specific circumstances, guide you through legal processes, and represent your interests in court if necessary. Take the first step by reaching out to a qualified attorney to ensure your rights are protected and your concerns are addressed.
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.