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Declaration of Nullity and Child Custody

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1 Declaration of Nullity and Child Custody on Fri Sep 15, 2017 10:19 pm

Diana Prince


Arresto Menor
Good day!
Is it possible that an annulment may not prosper if one of the spouses is financially incapacitated? My estranged husband is filling for a petition of nullity of marriage and I received a letter of invitation for a psychiatrist assessment as one of the requirements for his request. I'm currently employed but my salary is sufficient enough for our daily expenses and I know that annulment is very expensive and to be honest it's very impractical for me. Also, my son is 11 years and has autism if the case pushes through I want to have sole custody of him since I'm the one who always present through out his growing years. Looking forward to your advice. Thank you.

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2 Re: Declaration of Nullity and Child Custody on Mon Sep 18, 2017 6:20 am

Jadis

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Reclusion Perpetua
Then one who files usually pays.

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3 Re: Declaration of Nullity and Child Custody on Mon Sep 18, 2017 2:41 pm

Diana Prince


Arresto Menor
If that will be the case, can annulment prosper even if the aggrieved spouse has no means to comply with the requirements mandated by law? Will it be favorable to the petitioner? I'm afraid that since he wanted his freedom from our marriage so badly that he may resort to harassment and use our child as leverage to give in to his demand. Can I seek sole custody of my son who is a PWD with autism and he is 11 years old? Thank you and God bless.

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4 Re: Declaration of Nullity and Child Custody on Thu Sep 21, 2017 11:43 am

Jadis

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Reclusion Perpetua
I doubt that your husband is seeking an annulment. He is probably asking for a declaration of nullity based on Art. 36 of the Family Code. Don't you have a lawyer yet?

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5 Re: Declaration of Nullity and Child Custody on Tue Oct 10, 2017 9:38 pm

Diana Prince


Arresto Menor
Not yet but I'm contemplating to seek PAO office for legal advice and services if I'm qualified. I would also like to clarify about non-contested cases such as mine can it be considered default if the defendant fail to counter it? We also acquire a house and lot property and he still paying for the amortization as part of his spousal support, would there be separation of assets between us since the property was acquired thru Pag-ibig housing loan under my name.

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