Best Family Lawyers in Tagbilaran

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List of the best lawyers in Tagbilaran, Philippines

BERONGOY & MONTECLAR LAW FIRM

15 minutes Free Consultation

Tagbilaran, Philippines

Founded in 2010

7 people in their team

English

About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal practitioner. His dedication and expertise soon caught the attention of Atty. Mark Opada, and together, they spearheaded numerous intricate property...

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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 Tagbilaran, Philippines

Family law in Tagbilaran, Philippines, falls under the national legal framework where the procedures and regulations are largely the same throughout the whole country. Philippines follows a set of laws known as the Family Code of the Philippines, which governs family and marriage in the country. These laws cover areas such as marriage, legal separation, child custody and support, adoption, domestic violence, and property rights amongst others.

Why You May Need a Lawyer

There are various situations in which you may require a lawyer specializing in family law. For example, if you plan to get married and need a prenuptial agreement or if you're going through a divorce and need assistance with asset division or child custody arrangements. You may also need a family lawyer if you're seeking to adopt a child, apply for guardianship of a minor, deal with domestic violence, or if you have any disputes related to family inheritance and property. A lawyer can help you understand your rights, navigate the legal process, and ensure that all procedures are carried out correctly.

Local Laws Overview

The Family Code of the Philippines outlines the legal principles and processes governing family life. The most relevant local law to Family in Tagbilaran would be Republic Act 9262, or the Anti-Violence Against Women and Their Children Act of 2004, which provides protection to women and children against violence and abuse. Annulment of marriages is also a key area in the family law as per the Article 45 of the Family Code. In regards to child custody, the law prioritizes the child's best interest and usually prefers the mother for children under seven years old unless there's a compelling reason otherwise. As for property rights, the Family Code adheres to the Absolute Community of Property regime, meaning all property acquired during the marriage, regardless of who earned it, is considered joint property.

Frequently Asked Questions

1. How can I file for divorce in Tagbilaran?

The Philippines is the only country in the world, aside from the Vatican, which doesn't have a divorce law. As of now, the closest equivalent is an annulment or a legal separation.

2. Who gets child custody in case of separation?

According to Philippine law, a child under the age of seven should not be separated from their mother unless the court finds compelling reasons to order otherwise.

3. Can I get a prenuptial agreement in the Philippines?

Yes, prenuptial agreements are legally recognized in the Philippines, but they must comply with the restrictions under the Civil Code and the Family Code.

4. What is the process of adoption in Tagbilaran?

Adoption is governed by the Child and Youth Welfare Code, and involves a series of steps starting with filing a petition for adoption to the Regional Trial Court.

5. What are grounds for annulment?

There are several grounds for annulment in the Philippines, including psychological incapacity, fraud, force or intimidation, impotence, and contracting marriage without parental consent if a party is under 21.

6. Can fathers get custody of their children?

Yes, fathers can get custody if it's in the best interest of the child and if the court sees valid reasons to grant it.

7. How is property divided during a legal separation?

Generally, Philippine law adheres to the concept of Absolute Community Property, meaning all properties acquired during the marriage are consider conjugal and must be divided equally between the spouses.

8. How does domestic violence law protect women and children?

The Republic Act 9262 aims to protect women and children from physical, sexual, and psychological harm or threats. Violations can lead to imprisonment and/or fines.

9. Can foreigners adopt Filipino children?

Yes. Foreigners can adopt Filipino children as stipulated in the Inter-Country Adoption Act of 1995, but they must meet certain requirements.

10. Can I change my name or my child's name in Tagbilaran?

Yes. Name changes can be requested through a legal procedure that includes filing a petition with a local civil registry.

Additional Resources

Key offices to note in Tagbilaran for family law matters include the Regional Trial Court, City Social Welfare and Development Office, and the Philippine National Police Women and Children's Desk. For legal advice or legal aid, you can contact the Integrated Bar of the Philippines-Bohol Chapter.

Next Steps

If you require legal assistance in family matters, it's advisable to seek a family law attorney who is knowledgeable about local law in Tagbilaran. They can guide you through the procedures, prepare the necessary documents, and provide representation in court if needed. Always ensure to get clarification on attorney fees and keep track of all your legal proceedings.

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