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11yrs. No Communication- Can I file "'Presumptive death of Spouse for Subsequent of Marriage"?

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meecah


Arresto Menor
Hi Atty.,

Let me discuss to you what happened to my previous marriage. We had 1 child, and now she is 11 yrs old. Since my baby is 3months old, he left us. Since then, we have no communication, he don't even give support to my child even a centavos and I dont even know his whereabouts.
I want to get married again to my 5yrs boyfriend.
Can I file 'Presumptive death of Spouse for Subsequent of Marriage"?
Please see some questions below.

1. If yes, what will be my first step?
2. How much it will cost me?
3. Can PAO accomodate this case?
4.How long it will take to void our marriage?

Hoping for your immediate response.

Thanks!

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meecah


Arresto Menor
Hi Atty,

I need your response.
Thanks

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attyLLL


moderator
before filing a petition, you should exhaust every possible way to determine his whereabouts or whether he has died. You should contact his family and friends in writing. You should check with the NSO if there is a death certificate in his name.

A declaration of presumptive death is not based solely on the length of time that there is no communication. you have to prove that you have a good-faith basis to believe that your husband is dead.

you can inquire at PAO if you will qualify. cost depends on which lawyer you retain.

presumptive death does not void the marriage. if the husband files an affidavit of reappearance, then the subsequent marriage is voided.


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meecah


Arresto Menor
Thanks atty.
If this is thr case, what if i there is no response from his family? Or even no death record on Nso? Can i still file presumtive of death?
If not, how much it will cost me to file annulment? As far as I know, psychological capacity is more expensive than other case.
Please advise.
Thanks!

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attyLLL


moderator
what i made my client do was to go to the hometown of the husband to inquire with the relatives.

if annulment, you should have your docs and marital history reviewed by a legal professional. cost will depend on the lawyer you retain.


_________________
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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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