Can annulment or legal separation be filed even without evidence?

Question

Hello. My then husband had an extramarital affair and I discovered it in August 2022. I lost my screenshots due to a busted phone and no back up was saved. We went to a psychiatrist in September 2022 to try to work things out but we only went once and he didn't want to return anymore. We split in October 2022. Can legal separation or annulment still be filed even with the lack of evidence? How much would it roughly cost? Can I ask him to pay for it as damages?

Recososa Law Firm · Accepted Answer

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/recososalawfirm

There 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 recososalawfirm@gmail.com.

We look forward to assisting you in protecting your rights and moving forward with confidence.

Atty. Rainier Mamangun · Answer

You may wish to email us at rainier@lmja.law or mycounsel@ymail.com so we could set an appointment to discuss your concerns in detail.

Law Office Attorney SVETISLAV STOJANOSKI, LL.M. · Answer

Write to me on WhatsApp: +38970704335

I can help you.

Best Regards,

P.O OHIKHENA &amp; Co · Answer

Hello. If you are in Nigeria, contact me via mail paulohimatt@gmail.com or call/Whatsapp 08089901606.

Can annulment or legal separation be filed even without evidence?

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