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10 yrs. separated

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1 10 yrs. separated on Tue Apr 05, 2011 1:29 am

lhensanico


Arresto Menor
i am 10yrs separated from my first spouse, we have son and married. now i have a new family and my partner and i decided to get marry but the problem is i am not legally separated from my first wife, our country implemented a CENOMAR or certification of non marriage before getting married, from this, im afraid that i cannot get the CENOMAR because of that. Do we really have to file an annulment before getting married again even though i am 10years separated from her? pls. help?

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2 Re: 10 yrs. separated on Tue Apr 05, 2011 12:22 pm

lOst_StuDent


Prision Correccional
It doesn't matter how long you are separated from your wife, you remain married to her until your marriage is dissolved.

You cannot contract a second marriage while you have a subsisting marriage.

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3 Re: 10 yrs. separated on Tue Apr 05, 2011 10:51 pm

attyLLL


moderator
it's a good thing the cenomar requirement stopped you from committing the crime of bigamy.


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4 Re: 10 yrs. separated on Sun Apr 10, 2011 12:49 am

elaiza


Arresto Menor
ganun po ba? bakit po ung husband ko nakapag pakasal pa rin kahit na kasal na sya sa akin (1st ako) ...at lumabas un sa cenomar na nakuha ko. what if sa church cla nakasal at ako ay civil lang, legal pa rin po ba ung kasal nila? kahit na ako ang unang pinakasalan? thank you po!

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5 Re: 10 yrs. separated on Tue Apr 12, 2011 12:51 am

attyLLL


moderator
no, their marriage is bigamous. you can charge them with that.

cenomars are a fairly recent requirement.


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6 Re: 10 yrs. separated on Tue Apr 12, 2011 3:38 pm

elaiza


Arresto Menor
thanks Atty.! you helped a lot! keep safe and God bless!

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7 Re: 10 yrs. separated on Thu Apr 14, 2011 1:02 am

extra_sweet10


Arresto Menor
gud day po atty, ask ko lang po about sa husband ko, noon po nagkaroon po siya ng live-in patner hinde po sila nagtagal at pinagtabuyan at pinagbantaan po ng partido ng babae,ngayun almost 10 yrs na pong walang balita sa kanila pero napagalaman na nagkaroon sila ng anak huli n ng malaman at confirm po.. kasal po kami ng husband ko at may anak kami, may habol po ba ang ka-live in before at ang bata . . may kaukulang po bang kaso dito..
pls.help po

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8 Re: 10 yrs. separated on Thu Apr 14, 2011 2:27 am

attyLLL


moderator
did he sign the birth certificate of the child? was his relationship during or before your marriage?


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9 Re: 10 yrs. separated on Thu Apr 14, 2011 4:37 pm

sheram03


Arresto Menor
good day atty,
6years na po na wala kaming communication ng dati kong asawa, nagpakasal kami sa manila city hall nun pero sa quezon city hall kami nirehistro ng pastor na nagkasal sa amin. d naman kami member ng sekta nung pastor. at after 2 days ng kasal nag abroad sya. after ilang months nakisama siya lalaki nya, pag uwi dito sa pilipinas may anak na sila. ano po ba ang dapat kong gawin para maging legal ang paghihiwalay namin? gusto ko po kasi magpakasal ulit. magkano po kaya aabutin kung magfile ako ng annulment? sna msagot nyo po ang katanungan ko...salamat at God Bless!

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10 Re: 10 yrs. separated on Thu Apr 14, 2011 10:53 pm

attyLLL


moderator
i recommend you have your marital docs and history reviewed by a legal professional to see if there is a ground for annulment. as of now, i don't see a solid ground for annulment.

cost depends on what ground and which lawyer you retain.


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11 Re: 10 yrs. separated on Fri Apr 15, 2011 11:52 am

extra_sweet10


Arresto Menor
attyLLL wrote:did he sign the birth certificate of the child? was his relationship during or before your marriage?

big sabihin po sasampahan ng kasong bigamy kung kasal siya sa unang asawa kahit matagl na silang walang comm....at kinasal din kami papaano po kung meron na ding kinakasama ang babae ?pede din bang sampahan siya papaano po kung ngayon lang ipinaalam ng babae na nagkaroon sila ng anak na ngaun ay 10y/o na, at that time hiwalay na sila at hinde nakapirma ang husband ko sa b-cert ng bata? ngayon naghahabol ng sustento..
pls .help gusto ko lang malinwan .. nagulat po ako sa pangyayare.. salamat po

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12 Re: 10 yrs. separated on Sat Apr 16, 2011 9:19 am

attyLLL


moderator
extra, bigamy is contracting a second marriage. you said they were just live-in.

your husband doesn't have to acknowledge or support the child because he did not sign the birth certificate (assuming he was not married to the live-in partner)


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13 Re: 10 yrs. separated on Sat Apr 16, 2011 12:47 pm

extra_sweet10


Arresto Menor
salamat po atty.. more power po

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14 Re: 10 yrs. separated on Fri Dec 30, 2011 12:18 am

extra_sweet10


Arresto Menor
gud pm atty, na confirm ko po na kasal siya sa unang asawa at kami ay kasal din sa civil , alam ko bigamy ang ikakaso sa mister ko dahil hinde pa siya nagfile ng annulment kahit matagal na silang wala kung kasali po, ngayon ko lang po nalaman ito na kinasal siya posible din ba akong makasuhan din ako .. paano po ang anak namin?
sana po masagot nyo po atty , thanks po

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15 Re: 10 yrs. separated on Fri Dec 30, 2011 1:00 pm

attyLLL


moderator
they will have to prove you knew that he was married. your child will still be entitled to support.


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16 Re: 10 yrs. separated on Mon Mar 12, 2012 4:32 pm

jon elaine


Arresto Menor
hi po atty,
hiwalay napo kmi ng asawa ko for 8 years and our son is already 10 years old. nagkaroon po siya ng ka live in at nagka anak sila.. after that naghiwalay din po. at ngaun my kasama nanaman ung X husband ko. madali nlang po bang mag file ng annulment non? para namn po wala na syang karapatan sa anak namin, tutal he never gave a child support.thanks po//please help

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17 Re: 10 yrs. separated on Sun Mar 18, 2012 5:18 pm

concepab


Reclusion Perpetua
jon elaine wrote:hi po atty,
hiwalay napo kmi ng asawa ko for 8 years and our son is already 10 years old. nagkaroon po siya ng ka live in at nagka anak sila.. after that naghiwalay din po. at ngaun my kasama nanaman ung X husband ko. madali nlang po bang mag file ng annulment non? para namn po wala na syang karapatan sa anak namin, tutal he never gave a child support.thanks po//please help

You can file a petition for annulment. And if granted, hindi pa din nito maiaalis ang karapatan ng Ama sa anak. Magkaibang issue po yun.

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18 Re: 10 yrs. separated on Mon Mar 19, 2012 6:33 pm

complicated.life


Arresto Menor
atty LLL, pano naman po sa kasong 2 times kinasal ang lalaki...1st wife nya me ibang pamilya na so si 2nd wife ang kasama nya ngayon...pwede bang si 2nd wife na and kids ang magiging beneficiary nya sa SSS, philhealth, at iba pa.

thank you po.

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19 Re: 10 yrs. separated on Fri Mar 23, 2012 9:56 pm

attyLLL


moderator
complicated, the kids yes, but in addition to the first family. 2nd wife, no.


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20 Re: 10 yrs. separated on Sat Aug 24, 2013 7:00 pm

cornik


Arresto Menor
atty...tanong ko lang po...pano po kung more than 10 yrs nang hiwalay ang mag-asawa at kapwa sila meron ng mga sariling pamilya...madali na lang po bang i-process ang annulment?

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21 Re: 10 yrs. separated on Thu Aug 29, 2013 3:15 pm

Flordeliza Patacsil


Arresto Menor
gud affternoon attorney i was married april26,2000 after almost 4 yrs. of living together before the marriage reach it's 1st yr anniversary we saprated march of 2001. after more than 12 years of separation i used my surname when i was still single my voter's id passport etc. this year i was planned to go abroad to work. my question is it ok if i will never used his surname or change the surname w/c i was using on my documents especially my passport

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22 Re: 10 yrs. separated Today at 10:28 am

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