Best Family Lawyers in Quezon City
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List of the best lawyers in Quezon 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.
About Family Law in Quezon City, Philippines
Family law in Quezon City, Philippines, encompasses legal matters related to marriage, divorce, child custody, adoption, and property division. It is essential to understand the local laws and regulations that govern these areas in order to protect your rights and make informed decisions. Whether you are undergoing a marital dispute or need assistance with family-related legal matters, consulting with a lawyer who specializes in family law can help ensure your best interests are represented.
Why You May Need a Lawyer
There are various situations where seeking legal help in family matters is crucial:
1. Marriage Dissolution: If you are considering divorce or annulment, a family lawyer can guide you through the legal processes and help you understand your rights and obligations.
2. Child Custody and Support: When issues arise concerning child custody, visitation rights, or child support, seeking legal assistance can help protect the welfare and best interests of the children involved.
3. Adoption: Navigating the complex adoption process can be overwhelming. A family lawyer can help streamline the procedures and ensure compliance with the laws and regulations surrounding adoption.
4. Property Division: During a divorce or separation, the equitable division of assets and debts can be complicated. An attorney can help negotiate fair settlements and protect your financial interests.
5. Domestic Violence: If you or a family member is a victim of domestic violence, a lawyer can assist you in seeking protection orders and provide guidance on available legal remedies.
Local Laws Overview
In Quezon City, Philippines, the following key aspects of local laws are particularly relevant to family matters:
- The Philippines follows a policy of absolute divorce prohibition, allowing only legal separation and annulment as methods to dissolve a marriage.
- The Family Code of the Philippines governs family-related matters, including marriage, support, property relations, and adoption.
- The Family Court, located in Quezon City, handles cases involving family disputes, child custody, support, and other family-related legal matters.
Frequently Asked Questions
1. Can I get a divorce in Quezon City?
No, divorce is not recognized in the Philippines. However, legal separation and annulment are available options for dissolving a marriage.
2. How is child custody determined?
Custody is determined based on the best interests of the child. The court takes into account various factors, such as the child's age, parental capability, and the child's preference if of sufficient age.
3. What is the difference between legal separation and annulment?
Legal separation terminates the marital obligations and effects but does not dissolve the marriage. Annulment, on the other hand, declares the marriage void from the beginning, as if it never legally existed.
4. How is child support calculated?
Child support in Quezon City is calculated based on the needs of the child and the financial capacities of each parent. The court considers factors such as the child's educational and medical expenses, as well as the income and assets of both parents.
5. What are the requirements for adopting a child in Quezon City?
The requirements for adoption in Quezon City include being at least 27 years old, being of good moral character, and having the capability to support and care for the child, among others. The adoption process also involves various documentary and legal requirements that must be fulfilled.
Additional Resources
- The Integrated Bar of the Philippines Quezon City Chapter (https://www.ibpqc.com.ph/) can provide referrals to competent family lawyers in the area.
- The Department of Social Welfare and Development (https://www.dswd.gov.ph/) offers guidance and information on adoption procedures and support services.
- The Office of the City Prosecutor in Quezon City (https://quezoncity.gov.ph/office-of-the-city-prosecutor-ocp/) can provide assistance in cases involving domestic violence or child abuse.
Next Steps
If you need legal assistance in family matters in Quezon City, Philippines, it is advisable to consult with a reputable family lawyer who specializes in family law. They can provide personalized guidance based on your specific situation and ensure that your rights are protected throughout the legal process. Research potential lawyers and schedule initial consultations to discuss your case and determine the best course of action.
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.