Annulment

Hello:
Thank you for your message. I will answer you in a general way, presuming this is under Philippine jurisdiction.
In annulment cases in the Philippines, particularly those based on psychological incapacity under Article 36 of the Family Code, the timeline before filing depends largely on preparation. However, let me be direct.
a.) Usual timeline before filing
Ordinarily, once the client has completed the psychological evaluation and paid the agreed fees, the petition is typically filed within one to three months, depending on how fast the following are completed:
1.) Psychological report finalized and signed.
2.) Drafting of the petition.
3.) Gathering of supporting documents, marriage certificate, birth certificates, proof of residency, etc.
4.) Interview and preparation of witnesses, at least on the petitioner’s side.
If you engaged counsel in April 2025 and up to now the petition has not yet been filed and no witness interview has taken place, that is longer than what is commonly expected, unless there is a specific strategic reason or pending requirement.
b.) Lack of witness from husband’s side
No, this will not prevent the filing of the case.
You are not required to present a witness from your husband’s side. In fact, in most annulment cases, only the petitioner’s witnesses testify. What is important is:
1.) Your testimony.
2.) At least one corroborating witness who personally knows the marital situation.
3.) The psychologist, who will testify on the psychological report.
If the husband’s relatives are unwilling to cooperate, that is very common. It does not bar filing. The court can still proceed even if the respondent does not participate.
c.) Should this delay concern you?
It depends. Delays sometimes happen because:
1.) The psychologist has not finalized the report.
2.) The lawyer is waiting for complete documents.
3.) There is docket congestion or internal case buildup.
However, once fees are fully paid and there are no missing documents, prolonged inaction without clear explanation is not ideal. You are entitled to a clear status update and timeline.
You may respectfully ask your lawyer:
1.) Is the psychological report already completed and signed?
2.) Is the petition already drafted?
3.) What exactly is pending before filing?
4.) When is the definite filing date?
A professional should be able to give you a concrete answer, not a vague one.
If you would like a second opinion, I am the Owner and Managing Partner of Recososa Law Firm, and we are based in the Philippines with offices in Luzon, Visayas, and Mindanao. We handle annulment cases regularly. We can schedule an initial consultation via Google Meet or Zoom, or an in person meeting at our office.
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Sincerely,
ATTY. JOFRE B. RECOSOSA
Owner, Managing Partner
Recososa Law Firm