Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Abandonment of Marriage

Go to page : 1, 2, 3  Next

View previous topic View next topic Go down  Message [Page 1 of 3]

1 Abandonment of Marriage on Fri Dec 10, 2010 3:10 pm

Engr6Sigma


Arresto Menor
Let me give you a brief history of my concern:

I married back in 2003 when I was 23 years old because my girlfriend was already pregnant at that time. Just like any ordinary couple, we had our ups and downs in the relationship. However, I noticed that she was not comfortable in a married life. I never obliged her to work as I stated to her that I'll be in charge of paying everything (bills, food etc.) as long as she concentrates on being a good Mom and take care of our child. I had to double my efforts at work and was successful as I got promoted multiple times in a short amount of time. She often gets bored even if she has a daughter to take care of, so I agreed with her request to work. She worked in different locations within Metro Manila but she stayed long in Fairview QC, far from where we reside (Paranaque City). She spent most of her time outside rather than at home. On a weekly basis she comes home at midnight (4am, the village guard informs me, since I was often at work at night) because she enjoys night life and parties. This is also her reason for working in Fairview because her friends were also working there. She often prefers to be with peers rather than family, rather than our daughter.

I tried to reach out to her several times but she usually prefers to be open with her friends instead of me.

After a few years, she secretly took care of her papers and went abroad (US) to work there. I didn’t allow her, but she pushed through with her decision saying that it's going to be just a 7-month contract. She left without even assuring who is going to take care of our 4 year old daughter since I am also working. I hired maids and nannies but most of them are only temporary. Only my 76 year old Mom can be patient in handling my daughter.

I continued on with my life, acting as a single parent with the help of my own parents for several years (up to present). I am the sole breadwinner and responsible for every expense at home and my daughter’s school.

She calls to check her daughter (from once a week to once a month) and she sends toys. That's it. She promised to return soon but keeps breaking her promises, making our child frustrated too.

We rarely talk and then eventually we don’t communicate with each other anymore. I also learned that she is already in a relationship with someone else last year through browsing some networking sites like Facebook. (I also kept some evidences from my investigation)

I am seeking your legal advice on the steps that I should take and for the items I indicated below:

1) Annulment

Currently in the US:
- We don't communicate with each other for so long. I also do not want to stay married with a person full of lies and selfishness.
- We have not been interested with each other since then. She doesn’t make an effort to rebuild the family

Before leaving Philippines:
- She prefers living a single life (party till morning with her friends)
- Prefers listening to peers and discuss marriage issues with them rather than fixing it with me.
- Makes decisions on her own without consulting me

2) Custody - I am aware that custody should be with me as long as her mom is in the US. However, giving the facts of the story where she left her child, would she still have a custody right if ever she returns in the Philippines?

3) Do we have an alternative to annulment? We haven’t talked to each other for a long time, she already has a BF and I have a GF now too. Is there anything that can automate separation?

View user profile

2 Re: Abandonment of Marriage on Fri Dec 10, 2010 10:08 pm

attyLLL


moderator
re custody, once your child reaches 7 years old the maternal preference no longer applies. my guess is that in a custodial battle, you will win.

there are many grounds for declaring a marriage void, but all of them require a judicial petition. what is commonly called annulment is one that is based on psycho incapacity. my recommendation is to have your marital history fully reviewed by a legal professional to see what possible grounds for declaring it void may exist.

you saw my post regarding foreign divorce, that is another alternative.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

3 Re: Abandonment of Marriage on Tue Dec 14, 2010 7:54 pm

Engr6Sigma


Arresto Menor
Thanks Atty., How much is the average cost for a marital history review by a legal professional? (So I'll have an idea how much i need to prepare)

View user profile

4 Re: Abandonment of Marriage on Wed Dec 15, 2010 1:26 pm

attyLLL


moderator
cost depends on which lawyer you inquire with. some will do it for free, the rest will charge you something like P3,000.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

5 Re: Abandonment of Marriage on Fri Feb 18, 2011 11:01 pm

Engr6Sigma


Arresto Menor
Greetings. Can you recommend someone?

View user profile

6 Re: Abandonment of Marriage on Tue May 31, 2011 1:02 pm

dork


Arresto Menor
my bf is married man in phillipines but then they already separated for almost 3 years because her wife have an affair in abroad but then now she is going back agen for her husband making unwanted scene to us.do you think she still have the right to that?

View user profile

7 Re: Abandonment of Marriage on Wed Jun 01, 2011 10:56 pm

attyLLL


moderator
their marriage still subsists so she has the right to be angry.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

8 Re: Abandonment of Marriage on Thu Jun 02, 2011 11:11 am

dork


Arresto Menor
is it true that if some couple get married in mayor their marriage contract will expire in 2 to 3 years without renewal?is it true?cause this is what they say..and their marriage is not registered in NSO..

View user profile

9 Re: Abandonment of Marriage on Thu Jun 02, 2011 12:48 pm

rollie002


Arresto Mayor
marriage contract do not expire, marriage is a special contract of permanent union and it cannot be terminated by the will of the party but only by law

View user profile

10 Re: Abandonment of Marriage on Thu Jun 02, 2011 7:37 pm

dork


Arresto Menor
there's an signed agreement between my parents and my boyfriend's parents that we will be getting married this year.this was done in our barangay.but unluckily we can't because of their marriage.do you think is their any other solution for them to separate aside from annulment..cause it's too expencive to have an annulment this days..

View user profile

11 Re: Abandonment of Marriage on Thu Jun 02, 2011 11:22 pm

attyLLL


moderator
no solution but annulment.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

12 Re: Abandonment of Marriage on Fri Jun 03, 2011 12:47 pm

dork


Arresto Menor
thanks..atty..by the way their marriage is not registered in NSO..how's that atty?is there a possible that their marriage is not considered as legal atty?

View user profile

13 Re: Abandonment of Marriage on Fri Jun 03, 2011 3:44 pm

attyLLL


moderator
non-registration of a marriage is not a basis for annulment. but it may be an indicator that there is something wrong that may be a ground of annulment.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

14 Re: Abandonment of Marriage on Fri Jun 03, 2011 6:29 pm

dork


Arresto Menor
ok..thanks for answering my questions att..god bless

View user profile

15 Re: Abandonment of Marriage on Wed Jun 08, 2011 4:59 pm

dork


Arresto Menor
atty..i forgot to ask..mrmi na po akong pundar lahat po nkapngalan skin peo ang bf ko ang nagmamanage sa mga lupain na bnili..do you think atty the wife has the right na mghbol about sa mga property na to?kc po nkpngalan nmn lht skin..she said my right xa kc ung husband nea ngmamanage..

View user profile

16 Re: Abandonment of Marriage on Wed Jun 08, 2011 7:23 pm

dork


Arresto Menor
and atty..how much does it cost to undergo annulment..?

View user profile

17 Re: Abandonment of Marriage on Thu Jun 09, 2011 12:45 am

attyLLL


moderator
can you prove that you paid for them? that is what is important.

the more important question in annulment is whether there is a valid basis. http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

18 Re: Abandonment of Marriage on Fri Jun 10, 2011 10:48 am

dork


Arresto Menor
yes of course atty..i have all the land titles and receipts..

View user profile

19 Re: Abandonment of Marriage on Fri Jun 10, 2011 7:02 pm

attyLLL


moderator
acquire a CENOMAR of your bf from NSO. this will help you protect yourself later on.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

20 Re: Abandonment of Marriage on Sun Jun 12, 2011 8:19 pm

dork


Arresto Menor
OK..THANKS Atty。。if ever i need legal assistance when i'll go home in philippines where can i contact you or maybe your office?..tnks..god bless

View user profile

21 Re: Abandonment of Marriage on Sun Jun 12, 2011 10:05 pm

dork


Arresto Menor
atty..is it possible to get a cenomar even a married person?..

View user profile

22 Re: Abandonment of Marriage on Mon Jun 13, 2011 1:07 pm

dork


Arresto Menor
atty what is the difference of legal separation and annulment?or they're just the same..

View user profile

23 Re: Abandonment of Marriage on Mon Jun 13, 2011 2:12 pm

dork


Arresto Menor
by the way atty..as we check the all documents of the woman..in her status its single and not even one document she used the last name of my bf..its always her maiden name..

View user profile

24 Re: Abandonment of Marriage on Mon Jun 13, 2011 9:00 pm

attyLLL


moderator
sent you a pm.

legal separation will not allow you to remarry. the wife can still use her maiden name. you said the marriage cert was not registered in nso. if true, then you can get a cenomar so you can protect yourself.


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
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.
View user profile

25 Re: Abandonment of Marriage on Tue Jun 14, 2011 11:17 am

dork


Arresto Menor
ok atty..thnks..yeah i received the pm u sent..thanks..

View user profile

26 Re: Abandonment of Marriage Today at 8:23 am

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 3]

Go to page : 1, 2, 3  Next

Permissions in this forum:
You cannot reply to topics in this forum