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filipino husband filed adultery case after divorce filed by australian wife

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pinktoanails


Arresto Menor
good day.
i need some enlightenment.

my ex husband filed an adultery case there in the phils. after i filed the divorce here in australia. i am an australian citizen and he is a filipino living here in australia with a PR visa. we were married for 4 years and was separated for more than a year to satisfy the divorce requirement there in australia. we have a joint loan which i agreed to shoulder 80% of it until it is payed off. there were no issues between us until the day i filed divorce. he rejected the served documents and said he will never sign the papers until i pay off the entire loan which was quite impossible for me to do since i was the only one paying it off and had no money to do so...together with the server of the divorce papers, i filed an affidavit of the service by hand, stating the refusal of my ex husband to accept the divorce papers.still, the divorce was heard and granted in the 5th of june of this year without him knowing about it.

during that separation i had a relationship with someonelse. my ex husband was aware of it and never objected it from the beginning until just recently when he started pressuring me about the joint loan. i was forced to sell my car to cut down the loan and reloan the remaining amount. but still this didnt satisfy him, he gave a deadline and blackmailed me. he threatened to file an adultery case against me if i dont meet the deadline. i was scared of his threats so i did everything i could to lower the loan even more but sadly, i failed to meet his demand. i begged him to wait for the loan to be processed but still, he went back to the philippines last month and file the case. i was unaware of it. i just got a notice from a friend in the philippines a couple of days ago that the police was looking for me and my bf with a subpoena. until today we have not personally received the said subpoena since it was delivered to the wrong address.

may i ask if it is still possible for him to sue us even if the divorce was already granted? what will happen if we have not received the subpoena?

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mdventura


Reclusion Temporal
This is just a blackmail he don't really know his position on this! You are divorced he cannot sue you for an adultery as adultery is not easy to prove unless he has pictures of you mating with your new partner and if it happens outside Philippines jurisdiction he cannot just file a case against you! Although he is aware of your affair has he got any proof or evidence? Not easy to prove this in court. Get a good lawyer to sort out the loan business. This guy is just trying to be smart arse or rather an exploiter as I would say! Mad

pinktoanails wrote:good day.
i need some enlightenment.

my ex husband filed an adultery case there in the phils. after i filed the divorce here in australia. i am an australian citizen and he is a filipino living here in australia with a PR visa. we were married for 4 years and was separated for more than a year to satisfy the divorce requirement there in australia. we have a joint loan which i agreed to shoulder 80% of it until it is payed off. there were no issues between us until the day i filed divorce. he rejected the served documents and said he will never sign the papers until i pay off the entire loan which was quite impossible for me to do since i was the only one paying it off and had no money to do so...together with the server of the divorce papers, i filed an affidavit of the service by hand, stating the refusal of my ex husband to accept the divorce papers.still, the divorce was heard and granted in the 5th of june of this year without him knowing about it.

during that separation i had a relationship with someonelse. my ex husband was aware of it and never objected it from the beginning until just recently when he started pressuring me about the joint loan. i was forced to sell my car to cut down the loan and reloan the remaining amount. but still this didnt satisfy him, he gave a deadline and blackmailed me. he threatened to file an adultery case against me if i dont meet the deadline. i was scared of his threats so i did everything i could to lower the loan even more but sadly, i failed to meet his demand. i begged him to wait for the loan to be processed but still, he went back to the philippines last month and file the case. i was unaware of it. i just got a notice from a friend in the philippines a couple of days ago that the police was looking for me and my bf with a subpoena. until today we have not personally received the said subpoena since it was delivered to the wrong address.

may i ask if it is still possible for him to sue us even if the divorce was already granted? what will happen if we have not received the subpoena?

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pinktoanails


Arresto Menor
thank you mdventura for taking time to read and reply to my queries. it seemed that he has already filed a case against us since a subpoena has already been released. and all this time i thought that he really knew what he was doing since he studied law in the phils. he knew his way around this that is why i felt so threatened and was left with no choice but to meet his demands. his lawyers are handling this case pro bono. and he is well aware that i could not afford to get one for myself since i am drowned by our debt.
may i ask, what will happened with the subpoena? i have all his emails to me as blackmail evidences.

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pinktoanails


Arresto Menor
so you're saying that since we are already divorced, he cannot by any means sue me for adultery?
we were wed in the philippines. i was still a filipino back then. correct me if im wrong, but to my knowledge, my divorce decree should be recognised in the phils. di po ba? since i am already hold an australian citizenship when i filed the divorce.

thank you.

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mdventura


Reclusion Temporal
Studied law? Is he licensed? Did he passed the board? Knows all his right? And you get frighten just like that? You obviously don't know your rights. If things are done legally on your divorced, then I can assure you he is just bollocking you! You don't need to provide a lawyer if you can't afford to, the government will assign someone for you. Show all his blackmail to you and see how far he can go with that! Law don't just take sides it doesnt matter who you are if you are right! There would be further investigation in it all depends if you are in a right track! You fear too much! Don't admit anything unless he has evidence! He is just bollocking you! Mad

pinktoanails wrote:thank you mdventura for taking time to read and reply to my queries. it seemed that he has already filed a case against us since a subpoena has already been released. and all this time i thought that he really knew what he was doing since he studied law in the phils. he knew his way around this that is why i felt so threatened and was left with no choice but to meet his demands. his lawyers are handling this case pro bono. and he is well aware that i could not afford to get one for myself since i am drowned by our debt.
may i ask, what will happened with the subpoena? i have all his emails to me as blackmail evidences.

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pinktoanails


Arresto Menor
so you're saying that since we are already divorced, he cannot by any means sue me for adultery?
we were wed in the philippines. i was still a filipino back then. correct me if im wrong, but to my knowledge, my divorce decree should be recognised in the phils. di po ba? since i am already hold an australian citizenship when i filed the divorce.

thank you.

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pinktoanails


Arresto Menor
and what do we do if we didnt get the subpoena?
thank you.

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mdventura


Reclusion Temporal
Yes! now that you are divorced and an Australian citizen your divorced should be recognised in Philippines. As I said get a good lawyer regarding the loan, that's a bit gray area.

pinktoanails wrote:so you're saying that since we are already divorced, he cannot by any means sue me for adultery?
we were wed in the philippines. i was still a filipino back then. correct me if im wrong, but to my knowledge, my divorce decree should be recognised in the phils. di po ba? since i am already hold an australian citizenship when i filed the divorce.

thank you.

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pinktoanails


Arresto Menor
and what do we do if we didnt get the subpoena?
thank you.

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mdventura


Reclusion Temporal
That I don't know! Was is sent to a wrong address? Let's hope someone else will answer that. Shocked

pinktoanails wrote:and what do we do if we didnt get the subpoena?
thank you.

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pinktoanails


Arresto Menor
yes it was sent to the wrong address. Shocked

thanks so much. God bless you.

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pinktoanails


Arresto Menor
and what do we do if we didnt get the subpoena?
can anyone help me with this query??? thanks

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mdventura


Reclusion Temporal
See the other thread for an answer.

pinktoanails wrote:and what do we do if we didnt get the subpoena?
can anyone help me with this query??? thanks

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attyLLL


moderator
let's roll this back. first, where did this relationship occur with the boyfriend occur? was it in australia or here in the ph?

for clients based abroad, what we do is to prepare affidavits and file them at the prosecutor's office for them. i do not recommend you ignore the case.


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pinktoanails


Arresto Menor
i met him there in the philippines. and my husband was aware of this relationship from the beginning. he did not object it since we decided to separate to meet the requirement of the divorce here in australia. he filed the case because i could not pay off the joint loan.

sorry for the very late reply attLLL, and thank you very much! i am happy that someone finally took my query seriously.

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pinktoanails


Arresto Menor
i met him there in the philippines. and my husband was aware of this relationship from the beginning. he did not object it since we decided to separate to meet the requirement of the divorce here in australia. he filed the case because i could not pay off the joint loan.

sorry for the very late reply attLLL, and thank you very much! i am happy that someone finally took my query seriously.

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attyLLL


moderator
he has to prove that there was sexual intercourse in the philippines while you were still married.

again, i recommend you get a lawyer and answer his charges.

in reverse, it was my client based abroad who filed a criminal charge of adultery against his wife who is based here.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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pinktoanails


Arresto Menor
thank you, but our divorce was granted in june 5.. he filed the complaint 2 days later. so bali wala din po ung divorce kung ganon?

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