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Legal Advice: Nullity of Marriage or Annulment case

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babyjope


Arresto Menor
ikinasal ako sa mister ko nung June 18, 2004. after a year of our marriage nagkaroon sya ng mistress at inamin nya mismo sa akin na pinakasalan nya din daw yung babae, tinanung ko sya kung sino sa amin ang una nyang pinakasalan, sinasabi nya daw na ako, hindi ko alam kung bakit ayokong maniwala, dahil na din siguro sa kawalan na ng tiwala ko sa kanya. 5 taon na kaming hiwalay ngayon, gusto ko lang sana malaman kung paano ko malalaman kung sino nga ang naunang pinakasalan, ikinasal kami sa baguio, at yung mistress nya pinakasalan nya sa abra. isang rason kung bakit gusto kong malaman ang totoo ay sa dahilang gusto ko na uling gamitin ang dati kong apelyido, apelyido ko nung dalaga pa ako, sa NBI, SSS, Philhealth ko kasi ay apelyido na ng asawa ko ang gamit ko.

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shey789


Arresto Menor
Hi po,Im Shey. i have the same case filed for 2yrs already still on going. "Declaration of Nullity of Marriage since my age is 17 only at the time a pixer in Manila City hall offered a marriage cert. without appearance and parental concent. My ex, at age 38, took the advantage of it. Now it has record on NSO with my fake birth year.

Currently im a DH(OFW) single mother, who at first advice that i can be represented by my atty. But now, the judge want my presence, but he always re-schedule the hearing. It's not easy for me go back spend money for ticket for something that is not definite. But if i didn't attend the case will be dismiss.

What are the options i can do:
Withdraw my petition?
Can transfer my case to other branch?
Can i re - file it in other branch? or shall i go back every hearing and take my chances?
Normally how long should this case take and how many hearings?
Thank you!

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shey789


Arresto Menor
hi po atty. been waiting for your reply. yung atty. po nghahandle ng case ko ay sa ex ko. ako lang po ang petitioner. sbi nga ng atty. hindi p sya binabayan ng ex ko.
Yung branch kung san nka file ang case lagi nari-resched kaya po umabot na ng 2yrs at wala pa pre-trial. Ask ko lang po kung pwede i-transfer kung san kami ay naninirahan na for more than 2yrs. Thanks po atty. LL

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attyLLL


moderator
babyjope, request a cenomar of your husband, they will give you a cemar which lists his marriages

shey, you should discuss with your lawyer. but based on your other posts, it's not the court's fault. imagine a judgment without ever even seeing the petitioner?


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vongabs


Arresto Menor
tinatakot ako ng 1st wife ko for bigamy...we are not living together for 16 yrs..we have a written agreement sa barangay namin...that we are living in our separate lives. may asawa na rin sya now at 2 anak...ako din po. she wants an annulment now..pero sabi nya hati kami sa gastos..ok naman pero pag di mo nabigyan agad ng pera eh..panay pananakot sa text na idemanda ako ng bigamy...naguguluhan ako...

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vongabs


Arresto Menor
pls help and advice...willing ako makipag tulungan sa annulment kaya lang gusto ko sigurado ako...mukhang pineperahan ako ng 1st wife ko... ayos naman usapan namin...nag text at nahingi na naman ng pera at panay text ng masasama sa akin...aano po pwede ko gawin....

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babyjope


Arresto Menor
Kapag po ba nakakuha na ako ng cenomar ng asawa ko at nakalagay dun ang mga naging marriages nya, pwede ko na po ba itong gamitin para maibalik ko ang dati kong apilyido. or anu po ba ang next step na dapat kong gawin? kung ako nga po ang unang pinakasalan, anu pong dapat kong gawin? kung ako naman po yung pangalawang pinakasalan, anu pong dapat kong gawin? ayoko na po sanang gumastos pa, dahil hirap din po ako, at lalo naman pong walang maaasahan sa taong pinakasalan ko.

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attyLLL


moderator
vongabs, did she get married again also? then she is liable for bigamy also. is there a ground for annulment: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property

baby, you can revert to your maiden name but you will remain married.


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alshane


Arresto Menor
I need some legal advice, my wife filed for the nullity of our marriage. what will happen to me if i change my mind and not follow what we had agreed on our compromised agreement? because at that time i was so confused, im not with myself.

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attyLLL


moderator
what on the compromise agreement will you not follow? if it' an agreement not to participate, that's ok. if it's not to provide support to your child, that's not ok.


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ma2012


Arresto Menor
hi,in my case we got married in makati city and our license is obtained in cavite city.when i went in cavite to secure a copy of our marriage license they said that they have no record and that most likely my marriage is fake...is it true??? i have 3 children right now and i'm worried about them...i was wondering how could that be fake when we have nso certificate.

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attyLLL


moderator
this is what happens when short cuts are taken with fixers. i would not consider it fake, but it is vulnerable to being declared void if you or your husband file a petition.


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donalisa14


Arresto Menor
atty,

im new in this site, i have a bf witch is separated but his wife is older to him his 38 now and the wife is 54. they stay together for 12 yrs. my bf & his wife separate for the reason the wife have other man & she agree to separate with my bf now. we plan to got married but the problem is his paper is still married can you help me for this

Thanks

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chrysthylc


Arresto Menor
i have bf and he is married we have 1 child , pero di kami kasal. puede ba ako kasohan ng asawa nya dahil me baby kami pero matagal na silang hiwalay 4 years na at ang bf ko nasa abroad nag work ngayon....

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ibonidarna


Reclusion Perpetua
@chrysthylc
see your other post

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Praetorian


Arresto Menor
Hi! atty, I was married to someone by force (blackmail), the age gap is huge and i was scared at that time, i had no elder relatives during that time to ask for help and we got married in manila city hall i didnot even utter a word just sign it. after that they let me go because i have already signed. i escaped and never ever seen them again. after two months of the experience i tried to go to manila city hall to protest it and it was never recorded according to the registry office, went to nso for cenomar and it says that i am married and it says in san juan? so i wento to san juan and the registry in san juan stated that there is no such registration. went back to nso and nso officer said it should be registered because it is reflected in the cenomar. but they cannot find a contract or certicicate. i stopped minding it because of an advice of my friend that this case is being played and is a dead end, try to have some money first and establish yourself then resume it. it has been several years already, now i have money for any legal proceeding. what should i do?

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ibonidarna


Reclusion Perpetua
how long was it since you left the persons who forced/blackmailed you into marrying someone?

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Praetorian


Arresto Menor
ibonidarna wrote:how long was it since you left the persons who forced/blackmailed you into marrying someone?

seven years, a friend helped me to hide far away. no not into marriage, now that i am older, i just god the courage to face this ugly part of my life.

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ibonidarna


Reclusion Perpetua
If you are going to have your marriage annulled, the petition for annulment should be filed within five years from the time of the force, intimidation or undue influence disappeared or ceased.

Keep that in mind when filing the petition.

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Praetorian


Arresto Menor
ibonidarna wrote:If you are going to have your marriage annulled, the petition for annulment should be filed within five years from the time of the force, intimidation or undue influence disappeared or ceased.

Keep that in mind when filing the petition.

and since it has been seven years, what else can i do about it? i mean the registarion on the municipality is questionable fact, i have been awat for so long, do i have to face or summon the person in order for the case to be running? i dont know where the person is.

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ibonidarna


Reclusion Perpetua
State in your petition that the threat ceased only in within the last 5 years. If you do not know the address of the respondent, summons will be by publication.

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Praetorian


Arresto Menor
ibonidarna wrote:State in your petition that the threat ceased only in within the last 5 years. If you do not know the address of the respondent, summons will be by publication.

Thank you atty!

by the way, in my case, how many grounds can you see that dictates it has a chance for anullment, or void? i mean we were never together, no child no property, not even a single phonecall. matrimony is a celebration of hapiness and union of two people and their families, what i got was nightmares years of nightmares. i was not even half a man i used to be. it effected me.

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ibonidarna


Reclusion Perpetua
Better procure the services of a lawyer and give him/her your detailed history. That is the only way you could assess your situation properly.

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Praetorian


Arresto Menor
ibonidarna wrote:Better procure the services of a lawyer and give him/her your detailed history. That is the only way you could assess your situation properly.

understood, thank you Atty.

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louc4u


Arresto Menor
Hi Atty,
Nag file ako ng annulment last Aug. 2011, court hearings done. I got a mail from the court that my case is for decision last March. It;'s July now and there's no decision. The judge retired last June. My lawyer told me that it will be decided by the new judge. I would like to know how long would it take before the new judge decide on my case? Do we have to do another hearings? Please send me a message with regards to how minium and maximum time frame of the decision.

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