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legal separation

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1 legal separation on Wed Sep 07, 2011 2:35 pm

bluebell


Arresto Menor
nasa abroad po husband ko at pauwi na for vacation pero he confessed to me na hindi na cya happy sa married life namin and he want to get out of it pag uwi nya gusto nya mag file ng case na hindi ko na pedeng dalhin ang family name nya at gusto nyang maging single again to find his own happiness, we have a 11 year old daughter at sabi nya tuloy pa din daw ang sustento namin...pag pumayag po ba ako secure pa din ba ang daughter ko financially at sa pagiging beneficiary namin sa mga insurance nya, ligitimate pa din ba anak ko? mahal ko ang husband ko at kung hindi na cya masaya ayokong ipagdamot yun sa kanya.pag nag asawa ba cya ulit yun na ang magiging beneficiary nya sa lahat ng papers at ano ang karapatan namin?
salamat po please need ko ang advice nyo ASAP

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2 Re: legal separation on Wed Sep 07, 2011 9:44 pm

attyLLL


moderator
if what he will allege is psychological incapacity, your child will remain to be his legitimate child. make sure to participate in the proceedings to ensure that she will be entitled to support.


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3 Re: legal separation on Thu Sep 08, 2011 10:14 pm

bluebell


Arresto Menor
ano po ba exact meaning sa law ng psychological incapacity?

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4 Re: legal separation on Fri Sep 09, 2011 12:46 am

attyLLL


moderator
[P]sychological incapacity must be characterized by (a) gravity, (b) juridical antecedence, and (c) incurability. The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in marriage; it must be rooted in the history of the party antedating the marriage, although the overt manifestations may emerge only after the marriage; and it must be incurable or, even if it were otherwise, the cure would be beyond the means of the party involved.


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5 Re: legal separation on Fri Sep 09, 2011 8:03 pm

bluebell


Arresto Menor
pwede po ba cyang mag asawa or magpakasal ulit kung matutuloy ang legal separation namin

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6 Re: legal separation on Fri Sep 09, 2011 8:36 pm

attyLLL


moderator
annulment, yes. legal sep, no.


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7 Re: legal separation on Sun Sep 11, 2011 2:11 pm

bluebell


Arresto Menor
kung annulment po pwede bang stay kami ng anak ko na primary beneficiary nya sa mga insurance nya?gaano po katagal bago ma approved ang annulment?pwede po bang hindi cya maka attend ng mga hearing kasi after naming makapag file ng papers for that matter babalik din cya sa dubai for his work..

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8 Re: legal separation on Sun Sep 11, 2011 9:47 pm

attyLLL


moderator
only your child can remain a beneficiary if it is annulled. the petitioner has to attend.


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9 Re: legal separation on Mon Sep 12, 2011 7:01 am

bluebell


Arresto Menor
eh kung legal separation po ganun din ba? na anak ko lang ang pwedeng beneficiary? at kailangan din nyang umattend every hearing?

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10 Re: legal separation on Mon Sep 12, 2011 8:59 pm

attyLLL


moderator
if legal sep, it can be decreed that you will not be able to be a beneficiary. it doesn't have to be every hearing


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11 Re: legal separation on Mon Sep 26, 2011 11:00 pm

bluebell


Arresto Menor
hi,ask ko lang po kung pwede cyang magpakasal sa ibang bansa kahit kasal kami dito sa philippines, at kung permanent na po cyang mag stay don at magka pamilya, may karapatan pa rin po ba kami sa assets nya don? ano po ang magiging status namin dito?

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12 Re: legal separation on Wed Sep 28, 2011 11:09 pm

attyLLL


moderator
he would be committing bigamy. you may have a right over his assets, but it will be very difficult to enforce your rights.


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13 Re: legal separation on Tue Oct 04, 2011 12:36 am

bluebell


Arresto Menor
kung lilipat po ba cya ng ibang company doon at hindi nya kami i acknowledge na beneficiary pwede po ba akong mag file ng legal support sa bagong company nya para sa amin..kung hindi po pwede ano po ang dapat gawin?

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14 Re: legal separation on Wed Oct 05, 2011 7:20 pm

attyLLL


moderator
i don't know what action your could file here to compel his foreign employer to give you part of his salary. if he does not give support, you can file a case of economic abuse against him at the prosecutor's office.


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15 Re: legal separation on Fri Oct 07, 2011 4:41 pm

krystal


Arresto Menor
gud day po atty. ask ko lng po kung panu kami kakasal ng part neer ko now 4 yrs na kaming nag sasama. kasal po kasi cla ng una nyan wife 4month lng po clang nag sama dn nag hwalay din po allmost 10 na po clang hwalay may family na din po yung girl at mga anak, panu po yun atty anu po maganda gawin dun para makasal kami may other way pa po ba bukod sa annulment??/ tnx po

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16 Re: legal separation on Fri Oct 07, 2011 4:43 pm

krystal


Arresto Menor
gud day po atty. ask ko lng po kung panu kami kakasal ng part neer ko now 4 yrs na kaming nag sasama. kasal po kasi cla ng una nyan wife 4month lng po clang nag sama dn nag hwalay din po allmost 10 na po clang hwalay may family na din po yung girl at mga anak, panu po yun atty anu po maganda gawin dun para makasal kami may other way pa po ba bukod sa annulment??/ tnx po

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17 Re: legal separation on Fri Oct 07, 2011 9:33 pm

attyLLL


moderator
he can try to have his wife declared presumptively dead if there is basis.


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18 Re: legal separation on Mon Oct 10, 2011 4:48 am

oreona


Arresto Menor
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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19 Re: legal separation on Wed Oct 12, 2011 11:06 pm

attyLLL


moderator
do you have the need to remarry? you can come back and take your kids, or enter into some arrangement with him without having to file a court case


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20 Re: legal separation on Tue Dec 20, 2011 11:48 am

bluebell


Arresto Menor
nung umuwi po ang husband ko for vacation dito sa phils. hindi na po cya nag stay sa house namin dinalaw lang nya ang anak namin at nagtapat cya sa akin na may other girl cyang inuwian from abroad.shocked po ako at wala akong maisip na gawin nung time na yun, nagyon lang nag sink in lahat sa akin lahat. nakabalik na cya ngayon sa uae sa work nya,ang kutob ko po kasama nya yung girl pauwi dito pati na din sa pagbalik nya dun. pwede po akong pumunta dun sa uae at kung makita ko na magkasama cla nung girl pwede po ba akong mag complain sa office nila para makapag file ako ng legal actions?
is it possible na magpakasal cla dun para maging legel ang pagsasama nila dun?
need your advice desperately...

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21 Re: legal separation on Thu Dec 22, 2011 2:02 am

attyLLL


moderator
i have heard of ofws getting marriage licenses. apply for his cenomar and see what comes out.

i've not heard of case where writing to the company did any help.


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22 Re: legal separation Today at 1:53 am

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