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rules of separation

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1 rules of separation on Fri Jun 28, 2013 5:12 pm


Arresto Menor
Dear Sir,
My wife abandoned our marital home, and secretly flew to the another country 3 years ago. We have had NO direct contact, since it appears the marriage was just a scam to get a visa. I filed for separation/annulment, but local attorney says I have no grounds, except for possible "incapacity" on my part. This is ridiculous because I did nothing wrong, but believe in this woman. So, the annulment is on hold........but there is obvious separation and no chance to reconcile.
If I date another lady, can this separation protect me against possible adultery charges?
Why can't I get annulment?

Thanks in advance

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2 Re: rules of separation on Tue Jul 02, 2013 8:53 am

tsi ming choi

Reclusion Perpetua
In annulment or nullity of marriage, the grounds available are limited only as those were provided under the family code, otherwise, if your ground is not one of those, then your petition will absolutely be denied.

The fact of "obvious separation and no chance to reconcile" is not enough to file a petition for annulment or nullity of marriage, likewise it is not one of the available grounds thereto.

On the lighter side, Dating a lady is not enough to constitute an adulterous act. And dont worry with your situation, ONLY your wife can institute a case for adultery and your separation de facto shields your from such dating or even having sex NOT in a scandalous manner.

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