Best Family Lawyers in San Juan
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in San Juan, Philippines
Browse family law firms by service in San Juan, Philippines
San Juan, Philippines Attorneys in related practice areas.
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 San Juan, Philippines
Family law in San Juan, Philippines, is a branch of law that governs family-related issues and domestic relations, including marriage, civil unions, domestic partnerships, adoption, surrogacy, child protection, and divorce. San Juan, being a part of the National Capital Region, follows the Family Code of the Philippines, which emphasizes the protection of family life, children’s welfare, and equitable resolutions in family disputes.
Why You May Need a Lawyer
Individuals may seek the assistance of a family lawyer in various situations, including:
- Handling divorce or annulment proceedings.
- Settling child custody and visitation disputes.
- Negotiating prenuptial and postnuptial agreements.
- Adoption procedures.
- Addressing issues of domestic violence and seeking legal protection.
- Resolving property and inheritance disputes.
- Navigating legal guardianship issues.
- Providing mediation and legal advice regarding family disputes.
Local Laws Overview
The Family Code of the Philippines is the primary legal framework guiding family law matters in San Juan. Key aspects include:
- Marriage: Legal requirements include age, consent, and parental advice for those below 25.
- Annulment: Grounds include lack of parental consent, psychological incapacity, fraud, and coercion among others.
- Child Custody: The best interest of the child is the paramount consideration, often favoring mothers, especially for young children.
- Child Support: Includes provisions for financial support based on the parent's capacity to provide and child’s needs.
- Property Relations: Governs division of property based on conjugal property or absolute community property depending on the marriage regime.
Frequently Asked Questions
What is the legal age for marriage in the Philippines?
The legal marriage age is 18 years old, but parental consent is required if either party is below 21 years of age.
How can I file for an annulment in San Juan?
Annulment requires filing a petition in court and proving specific grounds such as psychological incapacity or fraud. It's advisable to consult with a lawyer for guidance through the legal process.
What factors determine child custody during a separation?
Child custody decisions are based on the child's best interests, considering factors such as the child's age, parental capability, and contribution to the child's upbringing.
How is child support calculated?
Child support is determined based on the financial capacity of the paying parent and the reasonable needs of the child.
What is a legal separation?
Legal separation allows spouses to live separately and divide their assets but does not legally dissolve the marriage bond in the way an annulment or divorce does.
Can I change my child's last name?
Changing a child’s last name legally typically requires a court process and the consent of both parents, except in specific circumstances.
How do prenuptial agreements work?
Prenuptial agreements are contracts signed before marriage to outline property division in the event of divorce, annulment, or death.
What is the process for adoption?
Adoption involves a legal process that includes background checks, home studies, and the approval of both biological and adoptive parents or consent from a court.
How can I protect myself from domestic violence?
Seek a Temporary Protection Order (TPO) from a court and contact local authorities for immediate protection and support services.
Is mediation available for family disputes?
Mediation is available and encouraged for amicable resolutions in family disputes, often facilitated by professional mediators or lawyers.
Additional Resources
For those seeking legal advice in family-related matters, the following resources may be helpful:
- Department of Social Welfare and Development (DSWD): Offers support for family welfare, child protection, and adoption processes.
- Public Attorney's Office (PAO): Provides legal assistance to qualified low-income individuals.
- Legal Aid Organizations: Various NGOs offer pro bono legal aid for family law cases.
Next Steps
If you need legal assistance, consider the following actions:
- Consult with a qualified family lawyer who is well-versed in local laws in San Juan.
- Prepare necessary documents related to your legal concern, such as marriage certificates, financial documents, and relevant correspondence.
- Use alternative dispute resolution methods such as mediation to potentially resolve issues without court intervention.
- Seek guidance and counseling from government agencies or non-profit organizations specializing in familial issues.
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.