Best Family Lawyers in Mandaue City

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Recososa Law Firm
Mandaue City, Philippines

Founded in 2020
11 people in their team
English
Tagalog
Family Adoption Annulment +11 more
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,...

Founded in 2020
English
Honoridez Mejica Vergara Cane Cabahug Law Offices brings together a team of seasoned attorneys with extensive experience in various areas of law, including corporate, civil, and criminal litigation. The firm also offers a full range of notarial services, making it a comprehensive legal partner for...
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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
Family
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
Child Support
Family
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
Divorce & Separation
Family
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.

About Family Law in Mandaue City, Philippines

Family Law in Mandaue City, Philippines, like the rest of the country, is primarily governed by national legislation such as the Family Code of the Philippines. This Code covers areas such as marriage, legal separation, adoption, child custody, support, and property relations among family members. Mandaue City adheres to these national standards while also observing local cultural nuances and practices.

Why You May Need a Lawyer

Legal services may be necessary in various family law situations. For instance, you may require legal assistance when going through a separation or divorce, when seeking adoption of a child, or during a dispute over child custody or property distribution. A skilled family lawyer will safeguard your interests and ensure that all proceedings align with the complex legal requirements of both national and local laws.

Local Laws Overview

While most family law provisions are determined on a national level, it is essential to be aware of how these laws are executed at the local level in Mandaue City. There may be localized practices or interpretations, particularly in areas concerning the resolution mechanism of family disputes, collateral relations and support. An understanding of these specific contexts is essential when dealing with family law matters in the area.

Frequently Asked Questions

1. Can foreign nationals file for a divorce in Mandaue City?

Under the Family Code of the Philippines, divorce is generally not recognized. However, foreign nationals married to Filipinos can seek legal steps in their home country, and their divorce may be recognized in the Philippines under certain circumstances.

2. How is child custody determined in Mandaue City?

Child custody is determined by considering the best interests of the child. Factors include, but are not limited to, the fitness of the parents, the child's age and preferences, and the overall living conditions.

3. How is spousal support established?

Spousal support is decided based on several factors, including the duration of the marriage, the needs of the recipient spouse, the ability of the other spouse to pay, and each party's earning capacity and health condition.

4. How is property divided upon divorce or separation?

The division of property in the event of separation is governed by the prevailing property regime of the marriage. If the concern involves a marriage settlement, or "prenuptial agreement", it has to be evaluated independently.

5. Can I adopt a child in Mandaue City if I'm a foreigner?

Yes, foreigners can adopt a child in the Philippines under the Inter-Country Adoption Act, provided they meet specific requirements, including age, capacity to act and assume all rights and responsibilities of parental authority, and moral and emotional suitability.

Additional Resources

The following resources can offer further assistance and information:

  • Domestic Adoption Act of 1998
  • Inter-Country Adoption Act of 1995
  • Family Code of the Philippines

Next Steps

If you need legal assistance with a family law issue in Mandaue City, the best step is to engage a legal professional experienced in family law practices in this locality. This may involve researching suitable lawyers or law firms, booking a consultation, and preparing all necessary paperwork and information relevant to your case. Always ensure that you fully understand your legal rights and responsibilities before proceeding with any legal action.

Lawzana helps you find the best lawyers and law firms in Mandaue 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 Mandaue 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.