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Drug user ex

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1 Drug user ex on Mon Jul 16, 2018 4:50 pm

CMJ


Arresto Menor
hi,we are legally married for over 10 years but we are not living together for the past 4 years,no support also for the kids coming from him. i have plans of filing an annulment. he;s been a drug user (on-off) during our time together and it comes to the point that he become abusive, no longer provides for the family, drunkard, drug addiction, and infidelity. comes to the point that i decided to live out and also the kids. in short, i decided to take the kids with me and left him.  

i want high chances for my annulment, can i file RA 9262 so that can be a basis and additional grounds for the annulment case? I have not taken any steps yet as i am still saving money for the filing of the case. Thanks in advance for the advice!

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2 Re: Drug user ex on Mon Jul 16, 2018 6:41 pm

xtianjames


Reclusion Perpetua
depending on what grounds the conviction will be, then it is possible to use it to build a stronger case for annulment.

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3 Re: Drug user ex on Tue Jul 17, 2018 8:52 am

CMJ


Arresto Menor
xtianjames wrote:depending on what grounds the conviction will be, then it is possible to use it to build a stronger case for annulment.

thanks! what can be my initial grounds for filing? aside from psychological incapacity?

thanks again!

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4 Re: Drug user ex on Tue Jul 17, 2018 2:37 pm

AWV

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Reclusion Perpetua
Is he living with someone else? If so, you can file concubinage too on top of RA9262.
RA9262 is already a strong case to file against him, if he is not living with someone else. Infidelity is quite difficult to prove as you will need to caught him in the act about this.
Psychological incapacity is enough ground to file for a divorce but you will need a strong evidence and witnesses about his behaviour to support your statement. Bear in mind that hearsay or word of mouth is not enough to use as an evidence.

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5 Re: Drug user ex on Tue Jul 17, 2018 2:50 pm

CMJ


Arresto Menor
AWV wrote:Is he living with someone else? If so, you can file concubinage too on top of RA9262.
RA9262 is already a strong case to file against him, if he is not living with someone else. Infidelity is quite difficult to prove as you will need to caught him in the act about this.
Psychological incapacity is enough ground to file for a divorce but you will need a strong evidence and witnesses about his behaviour to support your statement. Bear in mind that hearsay or word of mouth is not enough to use as an evidence.

Thank you for your inputs. Yes, i have people naman who can testify about his behaviour. and where do i file initially for an annulment? i need to find a lawyer right?

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6 Re: Drug user ex on Tue Jul 17, 2018 3:39 pm

AWV

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Reclusion Perpetua
Yes! you would need a good lawyer if possible expert in annulment cases. And this has to be filed from municipal in your town where you presently reside.

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