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is there a prescription period for filing annulmentadultery?

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ernie73


Arresto Menor
11 years has passed since we decided to live separately,2months after i came to know that she was living with another man and a few months later she gave birth to his child. she has 2 children now from that other man.
i was legally married to her and have not yet filed suit until now.
is there an expiry period for the filing of annulment or adultery?
if there's no expiry, can i seek help from the public attorney's office?
if adultery is proven, would it in effect forfeit the marriage between me and her?

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attyLLL


moderator
visit the pao and see if you will qualify. adultery and infidelity is not a basis for annulment.


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concepab


Reclusion Perpetua
ernie73 wrote:11 years has passed since we decided to live separately,2months after i came to know that she was living with another man and a few months later she gave birth to his child. she has 2 children now from that other man.
i was legally married to her and have not yet filed suit until now.
is there an expiry period for the filing of annulment or adultery?
if there's no expiry, can i seek help from the public attorney's office?
if adultery is proven, would it in effect forfeit the marriage between me and her?

if the adultery is proven, it will not change you marital status. you are still married with her. after 11 yrs, bakit ngayon lang? naitanong ko lang.

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ernie73


Arresto Menor
maliit pa ang mga anak ko sa kanya that time,
stress na sa kanila yung makita na naghiwalay kami
at sa tingin ko dagdag pa na stress kung malalaman nila na may possibility makulong ang mom nila dahil dinemanda ko.
and i was waiting din na sila ang magfile ng annulment, since sila ng may ginawa na hindi tama.
sadly, wala yata sila makita grounds laban sakin kaya hindi rin mkpgfile.
since ireconcilable na ang marriage, nais ko rin na maisaayos na lang lahat.(lessen the things that i have to worry about)

BTW, they have 2 children w/c carried the other mans surname. hospital records shows she used that guys surname and they represented themselves as married. nagsasama rin sila ngayon. i dont know if those can be used laban sa kanila in court.



Last edited by ernie73 on Tue Apr 30, 2013 2:33 pm; edited 2 times in total

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ernie73


Arresto Menor
attyLLL wrote:visit the pao and see if you will qualify. adultery and infidelity is not a basis for annulment.

thanks sir, will visit pao.
does it mean,there is no prescription period?
and i can still file a case against them?
can you suggest anything that will be enough basis for nullification of marriage?

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attyLLL


moderator
15 years, but you'll have to prove that your failure for 11 years to file the case doesn't amount to tolerance on your part.

have your marriage history reviewed by a legal professional. or look up grounds in the forum


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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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gentleangel


Arresto Menor
ernie73 wrote:
attyLLL wrote:visit the pao and see if you will qualify. adultery and infidelity is not a basis for annulment.

thanks sir, will visit pao.
does it mean,there is no prescription period?
and i can still file a case against them?
can you suggest anything that will be enough basis for nullification of marriage?

Maghanap ka na lng ng private atty. DI aasikasuhin yan ng PAO ang mga ganyang kaso..Advise ko lng.

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ernie73


Arresto Menor
gentleangel wrote:
ernie73 wrote:
attyLLL wrote:visit the pao and see if you will qualify. adultery and infidelity is not a basis for annulment.

thanks sir, will visit pao.
does it mean,there is no prescription period?
and i can still file a case against them?
can you suggest anything that will be enough basis for nullification of marriage?

Maghanap ka na lng ng private atty. DI aasikasuhin yan ng PAO ang mga ganyang kaso..Advise ko lng.

sir, kung adultery ang i-file na case kelangan po tlg ng private atty?

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zyra m. plata


Arresto Mayor
attyLLL wrote:15 years, but you'll have to prove that your failure for 11 years to file the case doesn't amount to tolerance on your part.

have your marriage history reviewed by a legal professional. or look up grounds in the forum

Atty LLL, is this 15 years refer to the filing of the adultery case?
Question po: How many years do the spouses have to live separately before the can be viewed as separate individuals. I am processing a loan for spouses who have their respective partners for 8 years now and the wife does not want her legal husband to sign the promissory note of the loan. Also, the wife is buying a property and wanted her name and her partner's name to be registered as owners. It is possible?

Thanks.

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zyra m. plata


Arresto Mayor
Good afternoon.

I would like to ask, can I file an concubinage case against my husband who have indwelt with another woman other than the woman he is staying with at the moment.

To clarify. My husband lived with a woman one year ago. Ngayon po hiwalay na sila kasi ibang babae na po uli binabahay nya. I have no solid evidence aside from his admission. Samantalang the previous other woman gave me the birth certificates of their children.

Could you please help me of what's the best thing to do?

Thanks a lot.

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