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Annulment Case

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1 Annulment Case on Wed Sep 07, 2016 1:46 pm

Leonard777


Arresto Menor
Good Day Atty,
We are almost 9 years of separated but not legally due to her relationship with other guy in the internet, my wife filed an annulment this August (but no civil case yet), but on my side i'm already gave up and willing to cooperate to process her petition, my 3 kids is in my possesion and i am only one who support them, my question are as follows;
1. Is nine years of separated/no communication can we use this as ground to grant her petition?
2. What are the valid reason for annulment?
3. To make it simple, can we make a joint affidavit insisting that we want our marriage null and void?
4. Upon filing her petition, she reversed the situation, it states that i am the one who commit extra marital affairs with other women, harming her physically and emotionally,  arrogant and assaultive verbally and physically, which does not true, Is this accusations will create me problem in the future if i ammend in able to grant the annulment?
5. My income is enough only to support my kids, no budget to get private lawyer, Is the court allow me in hearing without lawyer? Is PAO can suppot me on that?
6. She had an existing relationship with a foreigner and he is the one who support here needs and expenses including this expensive petition and there's a time he visit her in phil, in the contrary, Can i file her an adultery?
Hope you can enlighten me regarding my query.
Thank you very much

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2 Re: Annulment Case on Thu Sep 08, 2016 11:07 am

HrDude


Reclusion Perpetua
Leonard777 wrote:Good Day Atty,
We are almost 9 years of separated but not legally due to her relationship with other guy in the internet, my wife filed an annulment this August (but no civil case yet), but on my side i'm already gave up and willing to cooperate to process her petition, my 3 kids is in my possesion and i am only one who support them, my question are as follows;
1. Is nine years of separated/no communication can we use this as ground to grant her petition?
2. What are the valid reason for annulment?
3. To make it simple, can we make a joint affidavit insisting that we want our marriage null and void?
4. Upon filing her petition, she reversed the situation, it states that i am the one who commit extra marital affairs with other women, harming her physically and emotionally,  arrogant and assaultive verbally and physically, which does not true, Is this accusations will create me problem in the future if i ammend in able to grant the annulment?
5. My income is enough only to support my kids, no budget to get private lawyer, Is the court allow me in hearing without lawyer? Is PAO can suppot me on that?
6. She had an existing relationship with a foreigner and he is the one who support here needs and expenses including this expensive petition and there's a time he visit her in phil, in the contrary, Can i file her an adultery?
Hope you can enlighten me regarding my query.
Thank you very much

1. NO, since the fact that your wife is still alive, separation for NO MATTER HOW LONG, cannot be recognized as a ground for annulment of marriage.
2. Psychological Incapacity ONLY
3. Yes you can. But the question is "Can it be considered?" The answer is NO. If the court accepts this, then all people can just execute an affidavit. There's NO way in hell may the court accept this.
4. Well, if you accept the contents of her Petition, maybe the court can consider them. However, if you contradict the same, 100%, the court will not grant the Petition.
5. The court itself can only answer that if it will allow you. You can try to avail of PAO lawyers but still, it is not 100% free.
6. YES, you can file a case of Adultery as you are still the husband of your wife under the eyes of the law.

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3 Re: Annulment Case on Thu Sep 08, 2016 4:03 pm

Leonard777


Arresto Menor
thank you very much atty.

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4 Re: Annulment Case Today at 5:54 pm

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