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What case can i file against my infidel husband?

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confused0208


Arresto Menor
A pleasant evening to you!

I'm just browsing the net when I came across this website and I was amazed on how much many married women like me are experiencing the same pain by their husband's infidelity. To be honest right now I'm full of rage towards my husband and his mistress. All this started last year, I found out through a missed call from his cellphone. This happened June last year, when I confronted him about it he made me believed that it was not what I imagined it to be. He mentioned a name that time and even swore that the other woman was just an acquaintance from a common friend. In short he deceived me into thinking that what he's telling was the whole truth. This lasted until the end of the year and when he resigned from his job last January I thought we're already okay. Until one of his officemates contacted me and told me the whole truth about the true identity of his mistress, whom apparently resigned the same month as he did. When I learned about it I then confronted him and at that time he no longer denied it but, insisted that it was over. I found this early Feb. and we tried to talk to a counselor but, he kept on denying that he's in love with the other woman so I tried to access his email. That's when I found out about his indecent YM conversations with his mistress. I copied them and told him about it. He's not living with us right now because he said he needed space and he's trying to avoid any confrontations with me. We just had a heated confrontation today and he blurted out that he's not interested in working out our marriage. Now, my question is, is there any chance that I can file a case against him and his mistress? If so, what would it be? Because under the three conditions under concubinage case I can't seem to find anything I can use against them. And I'm not amenable regarding the punishment for the concubine (destierro), where in fact she, too, should be punished by law if in case proven guilty. Do I even have a case against them? Thank you and I hope you could enlighten me.

God bless!

Confused0208

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attyLLL


moderator
against your husband, if you can prove repetitive marital infidelity, then a case for psychological abuse under ra 9262. economic abuse if he is not providing support.

a case for monetary damages also against the girl.


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confused0208


Arresto Menor
Thank you for the advice...I shall take this into consideration. More power!

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4 Evidences... on Wed Mar 27, 2013 3:53 pm

Willingtohelp


Arresto Menor
[quote="attyLLL"]against your husband, if you can prove repetitive marital infidelity, then a case for psychological abuse under ra 9262. economic abuse if he is not providing support.

a case for monetary damages also against the girl.[/quote]

Goodafternoon..what evidences can we present to the court for infidelity?can the pictures at facebook be presentedas evidence together with the family of the girl?...can you give us an example of evidences to prove the marital affair..and the admission of the said girl be enough reason to file a case..

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attyLLL


moderator
it depends what you can produce. testimony that they sleep together of someone who lives in their house would be good if it's available. fb pics are not enough


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shoujo_jen


Arresto Menor
Dear confused0208:
In many ways I understand your situation because we basically have the same circumstances. There are specific laws you can use to file charges against your espouse and his mistress however as have been mentioned by lawyers from this forum as well I need to rather more concrete evidences.

So I guess that's what you should consider right now. Gather up solid evidences against your husband and his mistress...it will be costly and to some extent traumatic but that's what we have to do if you really want to file a case against them.

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joan of arc


Arresto Menor
atty LLL,

good afternoon,

can the husband be charge for economic abuse if he does not give support to the wife for the reason of not having a child yet?

thanks,



Last edited by joan of arc on Mon Jul 01, 2013 11:02 am; edited 3 times in total

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udmlaw


Reclusion Temporal
Joan of arc - wife is also entitled to support and is not subject to any condition. Palusot na lang na wala silang anak. Pero make sure na reasonable yung hihingiin na suporta.

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9 Support from Husband on Thu Jun 13, 2013 12:39 am

AttyZag


Arresto Mayor
udmlaw wrote:Joan of arc - wife is also entitled to support and is not subject to any condition. Palusot na lang na wala silang anak. Pero make sure na reasonable yung hihingiin na suporta.
Hi Joan,

udmlaw is right. A wife is entitled to be supported by her husband even if they don't have children.

Just wanted to add: to increase the chances that you do get support, try to come up with a calculation or list of expenses you encounter on a monthly basis. This way, when you come up with a figure and ask it, you will have basis to do so.

Again, make sure the amounts are specific AND reasonable.

Hope this helps.

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joan of arc


Arresto Menor
AttyZag wrote:
udmlaw wrote:Joan of arc - wife is also entitled to support and is not subject to any condition. Palusot na lang na wala silang anak. Pero make sure na reasonable yung hihingiin na suporta.


Hi Joan,

udmlaw is right. A wife is entitled to be supported by her husband even if they don't have children.

Just wanted to add: to increase the chances that you do get support, try to come up with a calculation or list of expenses you encounter on a monthly basis. This way, when you come up with a figure and ask it, you will have basis to do so.

Again, make sure the amounts are specific AND reasonable.

Hope this helps.

atty zag & umdlaw

what if the husband will reason out that i have my own work so there's no need for him to give his support??

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udmlaw


Reclusion Temporal
Joan - sorry to be blunt but do you plan to live off your husband's support while you will not get a meaningful occupation? Support as AttyZag said should be SPECIFIC and REASONABLE. Note the portion reasonable. If you are employed, the court MIGHT be inclined to reduce the amount of support that you will receive as you can earn what you need. In the end, imho, this issue will be about wants vs needs. Do not be confused though. Being the legimate wife entitles you to support. 

Kindly consult a lawyer for a more detailed explanation should you decide to file a civil case for support against your husband.

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carl434


Arresto Mayor
@udmlaw, your so right! wantsss vs needs. and she clearly has found a need to want support!

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joan of arc


Arresto Menor
carl434 wrote:@udmlaw, your so right! wantsss vs needs. and she clearly has found a need to want support!

ur wrong. i just want to point out that its so unfair.i think its not right that im not being supported despite being the legal wife because we dont have yet a child & i have my work. While the financial support that i should have goes to his other woman.i think its not just a support she's getting but already "wants & luxuries".

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purpleviolet


Arresto Menor
pwede din ba to send him a demand letter, asking for support?may mga debts kasi kame..and we both used it..like credit cards..but ako nalang nababayad now..kahit I have my work..i cant provide all my needs..dahil sa binabayaran ko ang utang nya..ang unfair nman kung sa mistress nya nag bbgay sya..sakin hindi?so anong pwedeng gawin..same here walang anak..Thanks

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