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Unsuccessful Attempt to Annulment

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1 Unsuccessful Attempt to Annulment on Mon Mar 18, 2013 12:35 am

tylersmom


Arresto Menor
Hello,

I have attempted to file for annulment against my husband who's based in the US and has stopped providing support to me. We've been married for six years but do not have kids nor invested in any property here in the Philippines.

I am seeing someone else now and pregnant and about to give birth. In an effort to protect my baby, I filed for annulment the "easy and convenient way". The lawyer committed a two-month time period from filing to decision to NSO processing. However, its been 5 months now and has not delivered anything. He agreed that he will return the money instead since he was not able to fulfill his promise. I feel that my lawyer is making delaying tactics since he can only give half of the amount i gave him as partial payment. He is uncertain when to give the other half of the payment i gave him.

A month from now I will be giving birth to my child and am still stressed because of this. Please help me.

a) Is there any legal action I can take against my lawyer since he did not fulfill and live up to his word? I feel that is avoiding me and whenever I speak to him he always says that he can only give half of the money I gave as partial payment.

b) Would I be able to use my maiden name in my son's birth certificate once hes born? I still want to go through with annulment and would rather the proper way.

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2 Re: Unsuccessful Attempt to Annulment on Mon Mar 18, 2013 1:16 am

AWV


Reclusion Perpetua
Annulment is a long very long processed it does not happen in just 2 months. How can you pull back your full payment? in order to process cases you need to pay a lawyer although the case is not fullfilled as yet but you cannot ask to reimburse the payment! if he refunded you half of it, you should be greatful! If he knew what you are avoiding he can easily twist your situation and contact your husband as you are commiting concubinage! your marriage still exist and is not legally processed. You should not mess with lawyers! I know they are expecsive but when you started a case with them and decided to discontinue the case its not their fault if you lose interest!

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3 Re: Unsuccessful Attempt to Annulment on Mon Mar 18, 2013 1:44 am

tylersmom


Arresto Menor
Thank you for your response.

I understand that the process is long so I wanted the easy way out which was why I sought assistance. He knows what my condition is and says that he understands.

I am not trying to mess with lawyers here. This is why I am seeking help. The lawyer gave the condition that if in a certain amount of time he is unable to "deliver", he will return the money. The lawyer set the deadline and when the deadline had lapsed I tried reaching out but had difficulty. It took a days for him to respond and tell me that there is no decision!

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4 Re: Unsuccessful Attempt to Annulment on Mon Mar 18, 2013 10:34 am

attyLLL


moderator
one remedy you can take is to threaten or actually file a disciplinary complaint with the IBP or Supreme Court


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5 Re: Unsuccessful Attempt to Annulment on Mon Mar 18, 2013 1:20 pm

AWV


Reclusion Perpetua
I just hope your agreement with him are all in writing. So you have evidence but if not your threat will not work!

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6 Re: Unsuccessful Attempt to Annulment on Tue Mar 19, 2013 9:57 pm

tylersmom


Arresto Menor
Thank you all for your responses.

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