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legal separation and annulment

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1 legal separation and annulment on Sun May 22, 2011 6:57 am

butterflyphey


Arresto Menor
ANo po ba ang difference ng legal separation at annulment?
Kapag legally separated pa pwede bang ulit magpakasal?
Which is cheaper, legal separation or annulment?
Thanks

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2 Re: legal separation and annulment on Sun May 22, 2011 7:07 am

rollie002


Arresto Mayor
Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;
(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.

Art. 55. A petition for legal separation may be filed on any of the following grounds:
(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;
(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(Cool Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.

diffence between annulment and legal sep.

in annulment, marriage is dissolved, in legal sep. the spouses are still married.


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3 in separation they are still married? on Tue May 24, 2011 7:27 pm

butterflyphey


Arresto Menor
Paano po yun kung legally separated yung tita ko sa una nyang hubby then nagpakasal sila ng tito ko,,,legal ba yung kasal nila ng tito ko?

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4 Re: legal separation and annulment on Wed May 25, 2011 12:55 pm

attyLLL


moderator
no, legal separation does not dissolve the marriage. their marriage is void.


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5 Re: legal separation and annulment on Wed May 25, 2011 6:49 pm

butterflyphey


Arresto Menor
ganun ba? pero may nso sila na marriage certificate,,,,at legitimate ba yung anak nila nun na pinsan koh?

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6 Re: legal separation and annulment on Wed May 25, 2011 9:11 pm

butterflyphey


Arresto Menor
ask ko lng po,,kapag yung marriage ba na-annulled consider ba na illegitimate yung mga kids nun? thanks

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7 Re: legal separation and annulment on Thu May 26, 2011 6:22 pm

attyLLL


moderator
if no one questions the marriage, then it will be ok. if someone files a case, then it will be vulnerable to being declared void for being bigamous.


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8 Re: legal separation and annulment on Thu May 26, 2011 6:24 pm

butterflyphey


Arresto Menor
regarding annulment kapag nagfile ka ng annulment at na annul ang marriage yung mga naging anak ba nun illegitimate sila?

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9 Re: legal separation and annulment on Thu May 26, 2011 10:16 pm

mayneil


Arresto Menor
ano po ba ang dapat gawin kapag matagal ng hiwalay sa asawa may be 14 yrs. na at san po ba pwedeng mag file ng annulment na hindi masyadong mahal at magkano po ang magagastos for annulment?

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10 Protection Order? or Legal Separation? on Thu Jun 30, 2011 4:43 pm

theredpen


Arresto Menor
Ive been reading about RA 9262 and Protection Order, aslo about Legal Separation.
I want my husband to leave our house. Lately, I cannot stand the way his temper reacts. Just last night, he shouted at our 4-yo daughter just because she wanted to watch cartoons and he wanted to watch the Azkals game. My daughter cried when he changed the channel, and apparently, cannot stand the loud cry, he shouted at our daughter and obviously, natakot ang bata. She ran across the room crying and shaking. Hindi lang basta sigaw ito, may kasamang mura like Leche and Bwiset. Bakit daw hindi siya pagbigyan ng bata. I got mad because his temper is the same level as his temper pag may kaaway siyang kapwa driver. (Needless to say, halos wala kaming biyahe sa kotse na wala siyang naka-away na kapwa driver)
One temper episode also is when he shouted at me in front of my family. Sinabihan din niya ako ng Leche, Bwiset dahil lang hindi siya makakapaglaro ng soccer with his friends because I asked him to watch over our daughter as I am going on an out of town trip.
I checked on what qualifies for legal separation or RA 9262 and some reasons apply to my case.
1. My husband cannot provide for the family. I shoulder all expenses like house mortage, bills, tuition, food.
2. He is a philandering husband. I just found out his pictures in the original folders of my computer. I also found out that he had sex with our former teenage maid.

I just wanted him out of the house. Kung malabo ang legal separation, can I file for Protection Order?
How to go about it? Should I get a lawyer to draft the petition and then I can personally file it in a Family Court? May payment ba yun sa docket?

Thanks

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11 Re: legal separation and annulment on Thu Jun 30, 2011 5:17 pm

personally, annulment is a better option than just legal separation unless you still want that your marriage be subsisting.

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12 annulment? on Fri Jul 01, 2011 8:25 am

theredpen


Arresto Menor
lawddesign wrote:personally, annulment is a better option than just legal separation unless you still want that your marriage be subsisting.

On what grounds kaya? Sexual infidelity? Or the usual psychological incapacity? Hindi ba mas mahirap itong ilaban sa court?
Hindi naman ako mayaman.

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13 Re: legal separation and annulment on Fri Jul 01, 2011 10:37 am

lOst_StuDent


Prision Correccional
[quote="theredpen"

On what grounds kaya? Sexual infidelity? Or the usual psychological incapacity? Hindi ba mas mahirap itong ilaban sa court?
Hindi naman ako mayaman. [/quote]

Sexual infidelity is not a ground for nullity or annulment. The best way is to have your marriage history reviewed by a lawyer. Psychological incapacity is often availed of when no other ground is present.

Also, write to your congressman and ask him to support the divorce bill. Smile

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14 Re: legal separation and annulment on Fri Jul 01, 2011 10:46 am

lOst_StuDent


Prision Correccional
butterflyphey wrote:ask ko lng po,,kapag yung marriage ba na-annulled consider ba na illegitimate yung mga kids nun? thanks

butterfly, you have to make a distinction between void and voidable marriages.

Kung "annulled", ibig sabihin voidable ang marriage. Legitimate ang children.

Kung "null and void", generally illegitimate ang children save for those declared void by reason of psychological incapacity and void marriages under art. 53 in relation to art. 52. Subsequent marriage ito without complying with the law requirements.

Now, yung case ng tita mo is a bigamous marriage. The marriage is void from the very beginning. Unfortunately, because of this, the children are illegitimate. "kuha mo?" Anna manalastas..hehehe

good day to you!..

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15 Re: legal separation and annulment on Fri Jul 01, 2011 11:07 am

theredpen


Arresto Menor

Dear LOSTSTUDENT

Yun na nga. Hindi ba mas apt sa akin ang Legal Separation or at least Protection Order. Pano kung ayaw naman niyang umalis sa bahay?

Naku kung aantayin ko pa ang Divorce Bill, baka abutin ako ng silver wedding anniversary.

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16 Re: legal separation and annulment on Fri Jul 01, 2011 11:59 am

lOst_StuDent


Prision Correccional
dear theredpen

By all means, if you are being abused avail of the fastest remedy to you. File a case against him under RA9262. Yung annulment naman kasi will be best for you in the long run. For short term results, I advise na file a protection order.

My reply was only concerning your question whether infidelity is a ground for annulment. That is why I quoted it. I'm sorry if I wasn't clear.

With regards to the divorce bill, consider it a civic duty. It's not really a solution. Suntok sa buwan yan. But we can all help put some sense sa mga congressmen natin. that is why we elect them to pass the laws we need..hehehe!

good day to you!

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17 Re: legal separation and annulment on Fri Jul 01, 2011 12:05 pm

theredpen


Arresto Menor

Thanks Lost_Student. Minsan mas madali pang humanap ng kausap sa ganitong forum kesa sa totoong buhay. Now, if I can just find the right timing to do this.

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18 Infidelity on Sun Jul 03, 2011 8:42 am

gerardo29


Arresto Menor
5 yrs na kaming kasal; bago kami nagpakasal my manliligaw o gustong manligaw sa asawa ko, gusto siya ng asawa ko pero hindi naman nagpatuloy ang lalaki, hangang sa nagabroad si lalaki. Sa isang reunion, nagkita sila ng wife ko at doon narekindle ang kanyan LOVE sa lalaki at inamin niya ito sa akin.Sa umpisa pa lang hindi na maayos ang pagsasama namin at hindi matibay ang pundasyon ng aming pagmamahalan at isa ito sa mga dahilan. Matatawag ba itong infidelity? Embarassed

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19 Re: legal separation and annulment on Sun Jul 03, 2011 8:51 am

lOst_StuDent


Prision Correccional
Inamin lang nya sayo na mahal pa nya ang other guy? Wala naman syang ginawa?

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20 Re: legal separation and annulment on Sun Jul 03, 2011 9:03 am

gerardo29


Arresto Menor
if you mean sexually wala! nasa abraod na ang lalalki

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21 Re: legal separation and annulment on Sun Jul 03, 2011 9:31 am

lOst_StuDent


Prision Correccional
It will not be considered as marital infidelity. Hearts are known to change. Try to teach your wife's heart to love you again.

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22 Re: legal separation and annulment on Sun Jul 03, 2011 11:13 pm

rchrd


moderator
Gerardo:
I go with Lost Student. Bilisan mong "ligawan" ang misis mo. Wag kang tumingin sa kakulangan niya o sa negative side ng pag-amin niya na may pagtingin pa siya dun kay past life heartthrob.Look at it this way, she told you she had feelings towards the other man because she is honest with you and at the same time, may be she was thinking that you might ask her if she loves him more than you. May be if you asked her, she would very lovingly tell you "of course I love you more than him and i am sticking to you forever,'ling". Baka ganun sana ang nagyari kaya lang kinulang ka naman sa lambing. Shower your love with love. Instead of worrying if she loves you or not, check your self if you are showing her your love or not.

God bless.

By the way, i am advising as a person who had gone through the adjustment period from single to married. My ways are not the same with your ways and the solutions I employed might not work as well with you but at I hope you can find some nuggets of wisdom from my words and finally enjoy the bliss of a happy and blessed marriage.



Last edited by rchrd on Sun Jul 03, 2011 11:16 pm; edited 1 time in total (Reason for editing : refinement of message)

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23 Re: legal separation and annulment on Mon Jul 04, 2011 10:42 am

i.alorac


Arresto Menor
Good morning po!..I need help lang po..nakasal po ako 7 yrs. ago it is because i was pregnant, para mapagbigyan ko mga magulang ko nakasal po ako dahil sa sitwasyon na yun..after the wedding we've stayed at my parents house..madalas po kami mag away..tas umuwi sya s kanila..when i gave birth nagakausp kami na mag stay sa kanila..nag stay po kami dun..tas nung 1 yr and 4 mos. anak ko nawalan sya ng work..di sya mkabili gatas sa bata..umuwi po ako sa magulang ko...after nun di na po kami nagkita, nabalitaan ko nag abroad sya pero di sya nag support sa anak namin, more than 5 yrs. na po..bakla po sya..at di ko alam san na sya ngaun..since di naman sya nagsusupport at wla sya pwedi po ba ako mag file ng annulment?...at para ko po makuha ang custody ng anak ko pwedi po ba ako mag file ng abondonment since di naman po sya nagsusupport at di na nagpapakita. tulungan nyo po ako...may mairerecommend po ba kayo na lawyer na matutulungan ako...salamat po

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24 Re: legal separation and annulment on Tue Jul 05, 2011 4:38 pm

attyLLL


moderator
where is your child?

for annulment, read here to see if there is any ground to annul your marriage: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property


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25 Re: legal separation and annulment on Fri Jul 15, 2011 2:47 am

apitong


Arresto Menor
gud morning po...ask ko lng po kung pede ba mgfile ng legal separation kung andto pa po ako sa saudi...simula pa po kasi ng 1992 na una akong umalis pra mgwork abroad nakisama na sa ibang lalaki ang asawa ko...tuwing umuuwi ako nkikipag ayos sya sa akin..pero pg alis ko nakikisama na ulit sya dun sa lalaki nya...malapit na po akong umuwi muli pero nais ko na po na magfile na ng legal separation...maaari po ba iyon habang andto pa ako...salamat po

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