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A case for annulment or a declaration of nullity of marriage is filed at the Regional Trial Court of the place of your residence or that of your spouse. The ground usually used as basis for this case is Psychological Incapacity under Article 36 of the Family Code. This is not insanity per se. It means the failure to understand and comply with the essential marital obligations of living together and observing mutual love, respect and fidelity owing to a psychological cause.

Each case is heard and decided based on its merits. The duration of the proceedings would vary from case to case.

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