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all about annulment/divorce

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1 all about annulment/divorce on Thu May 31, 2012 3:58 am

mercy_unday


Arresto Menor
Hello,
I am currently married. My husband and I have the Philippines nationality.
I am currently living in Europe and my husband in Philippines.
My husband and I would like to annul our marriage. But my husband wants that I provide him some money for his signature.
I would like to know:
1-is it possible to process an annulment without being myself in Philippines using a person of my choice as a proxy?
2-how the process starts? I heard there is an annulment paper that we have first to sign. Then it starts the administrative process until the judgment occurs.
3-how to make official the fact that I provide him money and that he engages himself for the annulment without any possible cancellation.
4-I would like to know if it is possible to cancel the annulment paper after it is signed. I want to be sure that my husband could not cancel the annulment paper after signing.

thank you very much for your advises,

best regards

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2 Re: all about annulment/divorce on Sat Jun 02, 2012 10:09 am

attyLLL


moderator
in the near future, is it possible for you to change citizenship?

you don't need your husband's signature or involvement at all. you can start the process while you are outside the philippines, but you have to come back and testify at some point.


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3 Re: all about annulment/divorce on Mon Jun 11, 2012 1:42 am

mercy_unday


Arresto Menor
>you don't need your husband's signature or involvement at all. you can start the >process while you are outside the philippines, but you have to come back and >testify at some point.

thanks po to response to my letter. i would like to know
at which point do i need to testify (i.e. being in Philippines)? do i need to be present more than one time during the annulment process or only at the end?
and how much all the cost of annulment,and until when to finish the annulment process?
could you provide me some more details about the way it works?

And what about my children, mayron po akong tatlong anak at ito po ay nasa pangangalaga ng husband ko. pano ko ba makukuha ang mga anak ko?

Thanks a lot
Mercy

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4 Re: all about annulment/divorce on Mon Jun 11, 2012 7:48 pm

attyLLL


moderator
that depends on how your lawyer and the court will progress your case. it all depends when it will be scheduled. cost also depends on which lawyer you retain. you can look up 'rules on annulment' to see the procedure set by the supreme court.

custody should be included as one of the issues in the annulment case.

note that the most important this is to prove that there is a valid ground to declare the marriage void.

if in the near future you can become a foreign citizen, you can wait so you can just get a divorce


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5 Re: all about annulment/divorce on Thu Jun 14, 2012 4:36 pm

keatz


Arresto Menor
what about in this case. the wife filed a dissolution of marriage in caifornia while his husband is working as seafarer and send the petition at his husband company ofc in florida. both of them are filipino. and the husband is concerned bout his properties which he solely acquired when he was still single here in the philippines and they just lived together for 10 months. will the wife going to have a share of it?

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6 Re: all about annulment/divorce on Sun Jun 17, 2012 12:59 am

attyLLL


moderator
was the dissolution granted? on what grounds? was she still a filipino? were the properties mentioned?


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7 Re: all about annulment/divorce on Sun Jun 17, 2012 6:46 am

mdventura


Reclusion Temporal
Attorney this sounds great for my friend who just had her citizenship aproved and recently obtained European passport. Her husband is in Philippines and is a methampethamine drug user/pusher and was jailed. Does this means she can process the annulment without being there in Philippines? Thanks a lot!

attyLLL wrote:in the near future, is it possible for you to change citizenship?

you don't need your husband's signature or involvement at all. you can start the process while you are outside the philippines, but you have to come back and testify at some point.

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8 Re: all about annulment/divorce on Sun Jun 17, 2012 5:56 pm

attyLLL


moderator
i recommend she files for divorce in her new state and if she so desires, have that divorce recognized here.


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9 Re: all about annulment/divorce on Mon Jun 18, 2012 12:54 pm

keatz


Arresto Menor
attyLLL wrote:was the dissolution granted? on what grounds? was she still a filipino? were the properties mentioned?

dissolution is still on process. the husband wasn't sure of the nationality of his wife as of now because he doesn't talk to her.
it was based on irreconcilable differences. with regards to properties the wife states that there are no such assets or debts subject to disposition by the court in that proceeding. and;
with regard to separate property, petitioner (wife) requests that the assets and debts wchich is TO BE DETERMINED. PETETIONER WILL AMEND HER PETITION ONCE THESE ASSETS ARE DETERMINED. (FL 100)

some of his properties are not yet titled in his name. what is d effect?

thanks a lot for answering.

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10 Re: all about annulment/divorce on Thu Jun 21, 2012 7:56 pm

attyLLL


moderator
that's difficult to answer. his best move would be to consult a lawyer.


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11 Re: all about annulment/divorce on Sat Jun 23, 2012 3:30 pm

mdventura


Reclusion Temporal
What if she never use her husband's surname as she still uses her single name. And the husband was never been declared in her new citizenship! Rolling Eyes
How can she file a divorce? If in the first place she wasn't declared as married? Shocked

attyLLL wrote:i recommend she files for divorce in her new state and if she so desires, have that divorce recognized here.

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12 Re: all about annulment/divorce on Sun Jun 24, 2012 7:46 am

attyLLL


moderator
she should inquire with a lawyer in her new country


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13 Re: all about annulment/divorce on Sun Jun 24, 2012 6:48 pm

mdventura


Reclusion Temporal
Hi! Attorney, she already inquired this to her lawyer and she was told there's nothing to declare as she was using her single name and has left the country for 20 years and the husband in Philippines never made an effort to chase after her because he is a drug pusher afraid to get attention from the government and is now in jail for drug pushing case and was sentenced to life.

The thing is she is no longer Philippines citizen is there's a way her relatives can make troubles against her? She is now US subject and protected by US Embassy.

Thanks a lot! Smile


attyLLL wrote:she should inquire with a lawyer in her new country

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14 nullification of marriage on Sun Jun 24, 2012 8:33 pm

gretch


Arresto Menor
hi attorney can you please provide me the steps on how to nullify the marriage and what documents to prepare?also, do i need my husband if there are any case proceedings or i can do it alone?thank you attorney.

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15 Re: all about annulment/divorce on Mon Jun 25, 2012 8:07 am

attyLLL


moderator
mdventura, if i were the lawyer of the husband, i would find a way to have their marriage reported to the US embassy here so it will be recorded in US records

gretch, what is first important is that there is a valid ground to annul your marriage. look up 'grounds for annulment' in the forum.


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16 Re: all about annulment/divorce on Mon Jun 25, 2012 8:28 am

mdventura


Reclusion Temporal
Sorry Attorney, too bad for the Philippine husband he doesn't have lawyer as he cannot afford it, also he is a killer, drug pusher/users so he is now stocked behind bars for life.
And she left him for 20 years without any communication at all! Shocked so would he have a chance to chase after her? Twisted Evil
I already told her not to fear him! Smile

attyLLL wrote:mdventura, if i were the lawyer of the husband, i would find a way to have their marriage reported to the US embassy here so it will be recorded in US records.

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17 Re: all about annulment/divorce on Thu Jun 28, 2012 6:04 am

gretch


Arresto Menor
i am from a bigamous marriage sir, can i know how to start for the nullification process?

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18 Re: all about annulment/divorce on Thu Jun 28, 2012 11:09 am

coolasa


Arresto Menor
good day maam/sir,

may 2 na kasal po ako yung 1st is dinaya po ang age ko coz i was 16 that time and rebelde sa magulo kong pamilya,but it didnt last naman naghiwalay din kame and no contact eversince.then lumipas panahon may nakilala ako na guy from my work nag kaanak kame and the truth is ayaw ko pakasal sa kanya kaso tinakot nya ako na pag wala sa pangalan nya ang bata wala sya suporta ang sa takot na hindi kayanin magisa buhayin ang bata pumayag ako,sa mismong hospital ginwa ung kasal,april 7 1999 ako nanganak and april 10 yta yung date nun kasi dhil cesarian ako i stayed 5 days sa hospital.so in other words i did try to work out yung relasyon but it turnd out na hindi talaga kaya dayain ang sarili eh,now its been almost 8 yrs na kame hiwalay and gusto ko po ipa anull ang kasal namin what po ang procedure and what po posible grounds ng sitwasyon namin at ako din namn po ang bumuhay sa bata at hindi sya all tru out....

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19 Re: all about annulment/divorce on Thu Jun 28, 2012 10:03 pm

attyLLL


moderator
gretch, it will be easier if you are the spouse in the second marriage because that is void from the beginning. your first step is to look for a lawyer who will represent you in court

coolasa, it won't be so hard. both are void. the first because you were underage, the second because the first marriage was still existing. unfortunately though, you committed bigamy


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20 Re: all about annulment/divorce on Sun Jul 01, 2012 11:24 am

coolasa


Arresto Menor
attyLLL wrote:gretch, it will be easier if you are the spouse in the second marriage because that is void from the beginning. your first step is to look for a lawyer who will represent you in court

coolasa, it won't be so hard. both are void. the first because you were underage, the second because the first marriage was still existing. unfortunately though, you committed bigamy
thanks po attyLLL btw po if that was the case pano ko po maipapasawalang bisa both yung kasal na yun and maybe how much wud it cost me po?

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21 Re: all about annulment/divorce on Tue Jul 03, 2012 6:49 pm

attyLLL


moderator
you have to file petitions for annulment in court. cost depends on which lawyer you retain


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22 Re: all about annulment/divorce on Sat Jul 14, 2012 8:59 am

coolasa


Arresto Menor
attyLLL wrote:you have to file petitions for annulment in court. cost depends on which lawyer you retain
super thanks po for the reply =)

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23 Re: all about annulment/divorce on Sat Jul 14, 2012 9:53 am

Sweetndspicy


Arresto Menor
Attorney where can i see the list of lawyers in the Philippines.. Is it possible to annul a bygamous marriage kahit di po ako umuwi ng Pilipinas? Is there a list of lawyers in the Philippines para po makapag inquire ako? Thank you po.

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