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cheating wife

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1 cheating wife on Sat Feb 13, 2016 1:13 am


Arresto Menor
Hi.. gud day po.. tanong ko lang po pede po bang mkasuhan ung asawa ko ng adultery? Eto po scenario ko.. kasal po sa una ang asawa ko sa isang koreano thru mail order bride.. hindi po cla nagsama.. for papers purposes only.. pero nkapasok po sa registrar at nso ung record nila.. then after few years nakilala ko sya at nagpakasal kami.. may record din po kami sa nso.. nagkaanak kami ng dalawa.. during those 10 years with her.. niloko nya ako about 5 times.. ung pang 6 nya ay etong january lang.. sa katrabaho nya.. at sila pa po.. tanong ko lng kung pede ko ba sya kasuhan ng adultery? Or wala akong karapatan kasi kasal sya sa una.. sana po masagot nyo katanungan ko.. salamat po sa time na ibibigay nyo sa akin

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2 Re: cheating wife on Sat Feb 20, 2016 7:32 pm


Reclusion Perpetua

If you can prove it in court, then you should if that is your intention.

Until such time that your marriage is annulled and declared by court without legal effect, then it is presumed to be valid and subsisting since there was a marriage.

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3 Re: cheating wife on Fri Feb 26, 2016 10:27 am


Arresto Menor
I need to be straight forward. Your case against your wife will not prosper.  Your marriage with your wife is a second marriage which makes is adulterous. Thus your marriage is void from the start. (walang bisa sa simula).

What can you do?

1. File an action to Declare that your marriage is VOID from the start.
2. Show that she is the faulting partner so you can benefit from the properties during your cohabitation.
3. Have custody of your children because she is the faulting partner.

tnx. God bless

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4 Re: cheating wife on Sat Feb 27, 2016 12:38 am


Reclusion Perpetua

Nullity of marriage does not prescribe to concubinage and adultery case and can only be invoked for the purpose of remarriage, (and not as a defense to private crimes such as concubinage or adultery) afaik.

Based your statement, the crime had already been consumed while your marriage to her subsists considering that you can prove in court that sexual intercourse by your spouse to another man. Pictures of kissing and holding hands has no merits and not an evidence imho.

If you file for nullity of marriage, and court granted a decision in favor of you, you will lose rights to file adultery case against your ex-spouse and children would be your illegitimate kids. If they become illegit kids, then full custody and full authority is for the mother unless court finds compelling reasons not to grant that.

Co-ownership (not conjugal) with proof of contribution would govern your property relations if you received favorable decision from court on your petition to nullify your marriage..

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