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19 years separated

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1 19 years separated on Mon Aug 30, 2010 9:56 am

guiacarlos39


Arresto Menor
hi,

Gusto ko lamang po malaman kung 19 years na kaming hiwalay nung una kong asawa ano po ba ang kailangan para makapagpakasal ulit ako? sabi po kasi nila kapag 7 years and above na kayong hiwalay ng asawa mo ay di na kailangan ang annullment pa. wala na po kaming communication, wala din po syang sustento sa dalawang anak nya sa akin. at nagasawa na din po sya pero hindi ko po alam kung kasal sila.

Salamat at lubos na Gumagalang

Gia

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2 Re: 19 years separated on Mon Aug 30, 2010 5:29 pm

attyLLL


moderator
if you have no communication with your spouse, my recommendation is to file a petition to declare him presumptively dead so you can marry again.


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3 19 years separated on Mon Aug 30, 2010 8:01 pm

guiacarlos39


Arresto Menor
Hi atty.,

Thanks for your immediate reply to my concern. If I may ask how and where shall I file a petition to declare him presumptively dead so you can marry again.

Thanks and waiting for your reply...

God Bless...

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4 Re: 19 years separated on Tue Aug 31, 2010 12:29 pm

attyLLL


moderator
you should file the petition at the court where you reside.


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5 19 years separated on Tue Aug 31, 2010 1:15 pm

guiacarlos39


Arresto Menor
Hi,

Thanks again. I'll do that...

God Bless and More Power...

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6 19 years separated on Thu Sep 02, 2010 6:35 pm

guiacarlos39


Arresto Menor
Hi Atty.,

Me again, Gia. I forgot to ask, if I file this, how much will it cost me? And are they going to ask for some proof or documents in order for them to process my request?

Tanong lang po, my sister,got married for the second time, but this time sa ibang lalake at sa ibang lugar sila nagpakasal ng civil, alin po bang marriage contract ang makukuha nya sa NSO? yung po bang sa una nyang asawa na di pa na-annul o sa pangalawa kung saan sya nagpakasal sa ibang lugar?

Kindly reply....

Good Day...

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7 Re: 19 years separated on Thu Sep 02, 2010 8:11 pm

attyLLL


moderator
guia, cost depends on which lawyer you retain. P10-30K is a reasonable guesstimate.

when your sister requests for her marriage certificate, both will come up. note that she might be charged with bigamy for contracting a second marriage if her first husband was still alive.


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8 19 years separated on Thu Sep 02, 2010 8:27 pm

guiacarlos39


Arresto Menor
Hi,

I got your reply regarding my sister's issue. What if she's separated for over 7 years? She could still be charged of bigamy?

And with regards to the cost I will be charged of, will I still be charged if I seek the assistance of a lawyer from PAO?

Waiting for your reply sir... Smile

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9 Re: 19 years separated on Thu Sep 02, 2010 8:41 pm

attyLLL


moderator
if the PAO will assist you, then you should not be made to pay.

yes, as long as her first marriage is still validly subsisting, then she can be found liable for bigamy by contracting the second marriage. her separation does not excuse her.


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10 19 years separated on Fri Sep 10, 2010 7:25 pm

guiacarlos39


Arresto Menor
Hi Atty.,

Me again, ask ko lang po sana, kasi currently I am residing in Bulacan, my first husband and I got married sa Bacolor Pampanga, san ko po ifa-file yung sinasabi nyong petition to declare him presumptively dead?

Thanks and More Power...

Respectfully,

Gia

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11 Re: 19 years separated on Sat Sep 11, 2010 1:39 am

attyLLL


moderator
the petition is filed in the court where you reside, so in Bulacan


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12 14 yrs separated, married(civil wedding) in NY on Wed Sep 15, 2010 1:12 am

cosmobaruray


Arresto Menor
hi atty! greetings! i have almost the same case, the difference is the time of separation which is only 14 years and we were married in New York, i can't say that i don't know where he is coz he and my daughter are still communicating thru the internet.thank you for your help.

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13 Re: 19 years separated on Wed Sep 15, 2010 3:41 pm

attyLLL


moderator
cosmo, please clarify what is your question. did you register your wedding with philippine authorities?


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14 cosmo 14 yrs separated on Wed Sep 15, 2010 7:51 pm

cosmobaruray


Arresto Menor
atty., i wanted to know if i can marry my boyfriend now for 12 years whom i have a five year old daughter, i have two other children from the last marriage.. and NO, my marriage in NY was not registered here in the Philippines, thank you so much for your help, more power and God bless. Very Happy

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15 Re: 19 years separated on Thu Sep 16, 2010 2:05 pm

attyLLL


moderator
cosmo, let me put it this way. a marriage validly entered into outside of Philippine territory is recognized by the Philippines. Its recording is not an element for its validity, so whether it was reported or not, you are from a legal point of view, considered married.

However, if you were to apply for a Philippine marriage license, you will be required to produce a Certificate of No Marriage (cenomar) which you will be able to acquire from the NSO because there is no record of your previous marriage.

You should be made aware that getting married again, while your previous marriage is still subsisting, is a crime of bigamy and your second marriage will be void from the start.

However, your second marriage if you choose to continue, will be considered valid until someone challenges it by filing a case against you. The legal risk for you is if you have enemies, particularly your husband.

I recommend to you that you find a way to dissolve your first marriage first. if your hubby is now an american citizen, he can apply for divorce.


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16 thank you on Fri Sep 17, 2010 11:52 pm

cosmobaruray


Arresto Menor
atty. thank you very much for your help..., more power and GOD BLESS![i]

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17 19 years separated on Fri Nov 05, 2010 10:57 am

guiacarlos39


Arresto Menor
Hi Atty.,

This is Gia again, tanong ko lang po if aside sA recommendation nyo "to file a petition to declare my x-husband presumptively dead so I can marry again", may iba pa po bang means or ways for me to revert back to my maiden name? coz I want all my documents to be under my maiden name for my children's security. Like sa SSS ko po, pag-ibig, etc...sa totoo lang po wala po akong ganon kalaking pera para gawin yung recommendation nyo...Kindly help me with this...


God Bless,
Gia

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18 Re: 19 years separated on Fri Nov 05, 2010 10:20 pm

attyLLL


moderator
even if you remain to be married, you can revert back to your maiden name. it is a right. BUT you cannot compel SSS, Pag-ibig, etc to change their records if they refuse.


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19 Re: 19 years separated Today at 6:00 pm

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