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legal separation and annulment

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26 Re: legal separation and annulment on Sat Jul 16, 2011 12:33 am

attyLLL


moderator
apitong, are you sure you refer to legal separation or annulment? do you have many properties?


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27 Re: legal separation and annulment on Sat Jul 16, 2011 2:11 am

apitong


Arresto Menor
kung alin po ang mas maganda kasi ano po ang pede ko gamitin na grounds pra sa annulment? Mapapagtakpan po kasi ng mga kamag anak nya na inabandona nya ang mga anak nmen noon at tumira sa laguna...hindi nman po maaari gamitin ang adultery na grounds sa annulment....sa tagal ko po dto sa saudi wla po akong naipundar dhil hindi ko po alam kung saan nya dinala ang mga perang pinadala ko pra ipang hulog ng lupa....nais ko nga po sana ay maalis na sya bilang beneficiary ko dhil above 18 na po ang dalawang anak nmen...gusto ko po na kung sakaling mag exit na ako dto at may matanggap ako...maibili ko nman po ng khit kapirasong lote na hindi ko na gusto na magkaroon pa sya ng karapatan...

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28 Re: legal separation and annulment on Mon Jul 18, 2011 2:31 pm

attyLLL


moderator
the most important thing is that there is a ground: http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separatio-of-property.

if there is no intention to marry again, you can just opt for legal separation


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29 Re: legal separation and annulment on Mon Jul 18, 2011 6:56 pm

apitong


Arresto Menor
pede ko na po ba un i-file khit andto pko sa saudi at paano po un?...mgkano po ang fee sa ganun?...salamat po

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30 Re: legal separation and annulment on Tue Jul 19, 2011 10:41 am

zareen


Arresto Menor
my sister got married to a married guy which has been already separated to his wife for quite a good while...they realize that what they did wasnt a good move and they wanted it to do the right way.. so he decided to file an annulment to his ex-wife... if annulment will be granted, should they still need to fuss about their void marriage for them to get married again?

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31 Re: legal separation and annulment on Tue Jul 19, 2011 11:09 pm

attyLLL


moderator
apitong, in annulment, the rules are clear that you can file even if you are out of the country. but there is no similar rule for legal separation afaik.

zareen, even if the 1st marriage is annulled, they are still liable for bigamy. they should have the 2nd marriage annulled also


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32 Re: legal separation and annulment on Wed Jul 20, 2011 12:28 am

rsr1979


Arresto Menor
ask ko lng po kung pde ba maging grounds ng anullment ung sa case ng friend ko.. nabuntis nya kc ung gf nya kya nag pakasal sila.. pero bago p sila ikasal may issue na sila regarding s ex non napangasawa nya..pinapaamin nya un girl kung totoo n may nangyari s knila non ex nya bago naging sila.. lagi deny un non girl.. lagi nila pinag aawayan un.. until recently.. napaaamin nya na totoo.. kya lalo sya kinutuban na baka ndi s knya ung panganay nila..lalo na ksi na hindi nya kamukha ung anak nila.. as in wla man lang nakuha s knya pisikal man o ugali.. hiwalay na sila ng asawa nya 3 yrs. ago pa.. pde kya un i grounds pra ma null un kasal nila..

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33 Re: legal separation and annulment on Wed Jul 20, 2011 6:39 pm

attyLLL


moderator
if he can prove that he is not the father and the woman concealed it, it can be a basis for annulment. he only has 5 years from the time he found out.


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34 Re: legal separation and annulment on Thu Jul 28, 2011 11:18 am

apitong


Arresto Menor
karagdagang tanong lng po....ung isa po kasi sa anak nmen ay may sakit sa puso na buwan buwan ay kelangan injection...responsibilidad ko po ba ang batang yun habang buhay dahil po sa sakit nya? 19 yrs old na po sya ngayon...salamat po

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35 Re: legal separation and annulment on Thu Jul 28, 2011 6:50 pm

attyLLL


moderator
you would actually consider withdrawing medical support for your own child? he is entitled to support until he is able to learn a trade.


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36 Re: legal separation and annulment on Fri Jul 29, 2011 2:06 am

apitong


Arresto Menor
inaalam ko lng po dahil sa susunod na taon ay exit na po ako dto...at wla nman po kasiguruhan na makakahanap agad ako ng trabaho sa pilipinas...mapapaaral ko po sya hanggang makagraduate po sya sa susunod na taon pero bka hanggang dun na lng po ang kaya ko....50yrs old na rn kasi ako...mahirap na humanap ng trabaho sa edad ko...kya tinatanong ko po kung responsibilidad ko sya habang buhay...

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37 annulment on Thu Aug 04, 2011 5:05 pm

budha


Arresto Menor
Pwede nyo po ba ako bgyan ng referal. Sana po yung mura lang ang abogado. Salamat

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38 Re: legal separation and annulment on Mon Aug 22, 2011 6:33 pm

zareen


Arresto Menor
attyLLL wrote:zareen, even if the 1st marriage is annulled, they are still liable for bigamy. they should have the 2nd marriage annulled also

does it means that they should have the second marriage be annulled first before theyd be able to get married again? is it actually a must thing to do even if they knew for a fact that nobody will sue anybody?(for there had been a good mutual relationship built between them and the ex-wife(along with her new family)).. cos the plan was to get married again first then just fix the thing later on for they had spent alot on his annulment already,and yet heard that to void off the second one would be as much. they just needed time to save up i guess if it really really is necessary still. thanks for ur kind response anyways.. Very Happy

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39 annulment on Tue Oct 04, 2011 8:18 pm

jakemar2011


Arresto Menor
Ano ang pwedeng gawin ng kaibigan ko kung gusto nyang mag file ng annulment sa asawa nyang pilipina? Sya po kasi ay korean national, pero kasal po sila dito sa pilipinas at nagkaanak sila . Ang problema po kasi ay nalaman nya na may lalaki pala yung babae, matagal na pla syang nilo2ko. Marami syang nalaman na mga kalokohan ng asawa nya, mga nawawalang pera sa accnt. nila, mga alahas, bahay na binili ng babae ng di alam nitong lalaki gamit ang pera nilang mag asawa, at hindi ipinangalan sa kanila kundi para sa kabit nya. Ano po pwedeng gawin dun? Nalaman din ng lalaki na pati pla mga anak nilang menor di idad ay ginagamit nya para pagtakpan mga ginagawa nya. Ano pwedeng ikaso sa asawa nyang pilipina at sa kabit nya? At kung maghihiwalay ba sila ay meron bang dapat makuha pa ang babae sa mga properties nilang mag asawa? Ano2 po ang mga pwedeng ibigay sa babae kahit na nalaman na may kabit sya? Ano po ang pwede nyong maipapayo sa kaibigan ko na isang korean national? More power! God bless...

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40 Re: legal separation and annulment on Wed Oct 05, 2011 7:34 pm

attyLLL


moderator
he should just get a divorce in korea. once granted, he can report it to the philippine embassy.


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41 Re: legal separation and annulment on Wed Oct 05, 2011 9:35 pm

jin09


Arresto Menor
first time user ako dito. i need help with my situation . i got my girlfriend pregnant 2 years ago when i was still 19 years old . we told her parents and they decided to get us married as soon as possible and my parents is in the US . i was forced to say yes under intimidation and i was terrified that time. the only consent they got is from my grandmother. now its been a year since we separate and i want this whole marriage thing to end and whats the best option for me. i want to end it as soon as i can. please help me

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42 Re: legal separation and annulment on Wed Oct 05, 2011 9:38 pm

jin09


Arresto Menor
how much would it cost me ?

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43 Re: legal separation and annulment on Fri Oct 07, 2011 12:01 am

attyLLL


moderator
answered your pm


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44 Re: legal separation and annulment on Wed Oct 12, 2011 11:02 am

oreona


Arresto Menor
Hi Atty,
im a nurse. an ofw for almost 4 yers now-married for almost12yrs,a mother of 3 wonderful boys,.ages-11-10 and 8 -my husband is sober from drug use-but im afraid how long he will be sober-first case related to drugs was dismissed.worry haunts me-one of my kid confides he saw him using it,even before my first year that i went to work,.and until at present-when he will be confronted,.he denies-i want to file a petition,.for separation simply because,.i lost my trust,love and respect for this person,.who i consider to be my better half,.who will supposed to take care of my family while iam away-but i feel threatens,..with his misbehaviors,.so with my children-he doesnt have a job-
what ground will i file for this case-psychological incapcity-?how long thus it take to finish the case?one more thing-

we are being petition by his family abroad,.if i file for legal separation would that affect our status -our family petition to U.S and affect also my children's petiton just incse i won the case for legal separation?
hope to hear from you soon-

oreona

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45 Re: legal separation and annulment on Mon Mar 12, 2012 4:18 pm

jon elaine


Arresto Menor
Hi po,

I have a problem po i got married when i am 19years old, and weve been together for almost 2 years. AND now i am 29 years old separated with my husband 8years ago. he had a relation with other girl and they have a daughter. naghiwalay din po sila and ngaun may bago nanaman ung X husband ko. My problem is kinukuha nya ang anak namin, my son is already 10 years old. would it be possible na makuha nia anak namin? for 8 years ni hindi ako humingi ng child support at ngaun nag dedemanda yung pangalawa nia at ang anak namin ang kinukuha nia... maybe kinukuha nia para mabawasan ang kasalanan nia.. please help po..salamat po

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46 Re: legal separation and annulment on Sun Mar 18, 2012 11:48 am

attyLLL


moderator
don't give your son to him unless he has filed a case in court for custody.


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47 Re: legal separation and annulment on Sun Apr 14, 2013 5:13 pm

lazzy charm


Arresto Menor
pano po ba pag 2 beses nagpakasal na parehong nka registered sa nso.

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48 Re: legal separation and annulment on Tue Apr 16, 2013 9:48 am

attyLLL


moderator
what do you mean?


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49 is annulment a long process? on Sun Apr 21, 2013 6:19 pm

matinik28


Arresto Menor
rollie002 wrote: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.



this is my case:
"10) Abandonment of petitioner by respondent without justifiable cause for more than one year."

got married 1999 (civil) , declared abandonment last 2009 got a legal decument from public notary. What is the next step? Do I need to file annulment or just need to publish that document in public? Need it for work..

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50 abandonment on Mon Apr 22, 2013 10:13 am

cire212215


Prision Correccional
question po, kunyari si guy umalis ng bahay and more than 1yr di nagpakita or umuwe, pero nagpapadala ng money for the child. pwde po ba magfile ng legal separation? another question, kung si guy umalis tapos sya din magfile pwde po ba un?

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