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Can i sue my husband's mistress?

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1 Can i sue my husband's mistress? on Thu Sep 08, 2011 6:11 pm

charry04


Arresto Menor
My husband and I have been married for 8 years. 3 months ago, I found out that he is cheating on me. He's having an affair with his co-worker. He didn't admit it at first, tried to make up stories, and even promised me that he will never do such thing, again. (yes, he has done this before but broke up with the girl and came back to me. But recently, after a huge fight, he admitted that he really is having an affair with his co-worker. He said he really didn't love me, and the only reason he stayed in the marriage because he had no choice. (he was a bum for more than 6 years, and i was the only one supporting our family. we have two kids) I do not believe what he said because i know that wasn't true. I tried leaving the house but he wouldn't let me. Now, that shameless woman is going public about their relationship. She has started posting pictures of them online, and made sure that i can see it. My husband does not want to tell our parents what our marriage is going through. He still wants me to stay in the house. The woman by the way, as my husband told me, has a child, was married and now in the process of annulment. is there anything i can do, legally? I mean sue my husband, and her mistress? for ruining my used to be happy family?

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2 Re: Can i sue my husband's mistress? on Fri Sep 09, 2011 12:38 am

attyLLL


moderator
what i do for my clients, at least initially, is to send a demand letter for them to stop the relationship.

if you will be filing cases, you must be prepared for your marriage to end entirely. you should gather evidence first.

in my experience, sometimes the threat of filing a case is better than actually doing so.

repeated marital infidelity is considered psychological violence under ra 9262.


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3 Re: Can i sue my husband's mistress? on Thu Sep 15, 2011 8:34 am

charry04


Arresto Menor
thank you atty for your quick response. i have another question. i just wonder, do we have something like "alienation of affection" here in the phils? i only want to file charges against the mistress. she is so shameless going public about her relationship with my husband. she continuously post pictures of them on the web and tells the whole world how happy they are together.

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4 Re: Can i sue my husband's mistress? on Fri Sep 16, 2011 12:59 am

attyLLL


moderator
we have something similar. art. 26 of the civil code- interference with the family affairs. yes, you can sue her based on this


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5 Re: Can i sue my husband's mistress? on Fri Sep 16, 2011 2:34 pm

dragon slayer


Arresto Menor
hi AttyLLL...

I had found out that my husband was still cheating on me. I forgave him for the same offense when we were not yet married. Then, after our marriage I found out that he had 2 more during our marriage with the same woman, and that woman is aware of our marriage. Since I had access to hospitals I was able to get evidences of Birth Certificates and hospital records that he consented on the other 2 children.

I would like to file a case, and after reading that adultery can only be filed to a married woman and concubinage's penalty to a concubine is only "Destierro", I would like to know if there is another case I could file that will atleast be a criminal case, and will disable her to leave the country.

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6 Re: Can i sue my husband's mistress? on Fri Sep 16, 2011 8:23 pm

attyLLL


moderator
i'm afraid there is no other crime you can charge, unless there are other acts that she did.


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7 Re: Can i sue my husband's mistress? on Mon Sep 19, 2011 8:22 pm

Ynnej


Arresto Menor
Can u pls elaborate sir the meaning of alienation of affection or what is it all about art 26 of the cvl code?

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8 Re: Can i sue my husband's mistress? on Mon Sep 19, 2011 10:47 pm

attyLLL


moderator
Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence:

(2) Meddling with or disturbing the private life or family relations of another;


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9 Re: Can i sue my husband's mistress? on Tue Sep 20, 2011 5:09 pm

Ynnej


Arresto Menor
so anyone sued and found guilty wiht art26 will not be imprisoned but will pay for the damages he/she has caused..am i right sir?

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10 Re: Can i sue my husband's mistress? on Fri Sep 23, 2011 5:40 pm

attyLLL


moderator
yes, this art 26 only allows monetary damages


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11 Re: Can i sue my husband's mistress? on Sun Sep 25, 2011 11:18 pm

affitassi


Arresto Menor
PLEASE GIVE ME A PIECE OF ADVISE REGARDING WITH THIS PROBLEM TO SUE MY HUSBAND MISTRESS, IS IT POSSIBLE FOR ME TO FILE A CASE ONLY AGAINST WITH MY HUSBAND MISTRESS WHAT ARE THE EVIDENCE I NEED.

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12 Re: Can i sue my husband's mistress? on Mon Sep 26, 2011 12:11 am

attyLLL


moderator
please see above regarding art. 26. you will need proof they had a relationship and that it affected your marriage.


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13 Re: Can i sue my husband's mistress? on Mon Sep 26, 2011 3:02 am

affitassi


Arresto Menor
HAVING A SON FOR HIS MISRESS IS ENOUGH PROOF. WE TALKED A LOT ABOUT HIS SON THRU E MAILS AND CHATTING IN FACEBOOK

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14 Re: Can i sue my husband's mistress? on Tue Oct 04, 2011 1:22 am

affitassi


Arresto Menor
if i have that proof like birth cert of a child what the next step.it is obvious that our marriage got affected everytime we talked about his mistress and his son we end of fight and i cant concentrate with my work and in my health, i cant sleep most the time.

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cleng15


Arresto Menor
I love you



Last edited by cleng15 on Thu Feb 14, 2013 10:04 pm; edited 1 time in total

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16 Re: Can i sue my husband's mistress? on Wed Oct 12, 2011 11:25 pm

attyLLL


moderator
if your main evidence consists of facebook pics, i feel you need to develop better evidence. your spa was not a good idea. you can't pass on personal knowledge. there are ways to pursue a complaint even when abroad.


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zazzle


Arresto Menor
hi..i would like to ask if a legal wife can sue her husband and his mistress for having a child?they both agree to be separated because the relationship cant work anymore..the legal couple has 2 children (which is the other one is said to be not from the father from the rumors in their place)..they were separated for almost 7 years and the 2nd child is almost 4 years i think..now, the husband found a new love and have a daughter to her..the legal wife knew about it want to sue them..what wil be the case she can file?they were not caught in the act for having sex,,they were not living in a conjugal property of the legal couple..the husband doesn't stop supporting his children even the other one is not from him(according from the close relatives of the legal wife)?and the evidence the legal couple has is her friend saw the pictures at facebook..there is also a rumor from the legal wife's place that she had a bf before but she went to singapore and she abort her bf's child there for her not to be deported here in the phils-this was said by her sister-in-law in the province..

what will be the possible case or cases the newly lovers can have?
what will be the possible ways the new lovers will do?
can the legal wife ask for a copy of the birth certificate of the husband's daughter to the NSO?

pls. advice..thank you

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18 Re: Can i sue my husband's mistress? on Sat Oct 15, 2011 9:53 pm

attyLLL


moderator
1) Concubinage against them both or VAWC against the husband
2) don't live together
3) it is possible


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19 Re: Can i sue my husband's mistress? on Fri Feb 17, 2012 11:38 pm

clrc78


Arresto Menor
First of all, would like to thank the lawyers who had help me thru my problems and taught me what steps to take bcuz like all the other women here we the same problem , a husband who has a mistress and a child with the mistress.I have dissolved our properties per your advise at least I have won Part I.I used to be so depressed but becuz of the online legal advice, I have now regained my self esteem! I am currently fixing the properties that my husband owns(not conjugal but he is part owner). My question is can I prepare a Deed of Donation for this properties and let him sign it for my kids? Secondly, today I recd a document from BID and found out my husband and his mistress had alot of overseas travel since 1999, the mistress was even using the surname of my husband.Remember you advised me to get a CENOMAR and found out they got married 2004.I cannot understand why in 1999 she has been using my husband's surname when they got married only last 2004.I was thinking maybe she faked her passport.I went to DFA last year to double checked what name she was using only to find out she was using her maiden name. It is very confusing and frustrating.May I know what I should do? Can a passport be amended? Soon I am goin to file a case against the mistress but I want to do more investigation but dont knowwhere to start.

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20 Re: Can i sue my husband's mistress? on Sun Feb 19, 2012 10:41 am

attyLLL


moderator
get a copy of their marriage certificate so you can threaten or actually file a case of bigamy against them. what name she uses in her passport is not very immaterial.

just note tax implications of donations, but you will need your husband's cooperation.


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21 Re: Can i sue my husband's mistress? on Sun Feb 19, 2012 10:52 pm

reggie gallos


Arresto Menor
good day!!! ask ko lang po mga atty kong pede po bang magsend ng demand letter para sa mistress for threat?at pede po ba ipadeport yung asawa ko na nasa abroad?

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22 Re: Can i sue my husband's mistress? on Thu Feb 23, 2012 11:00 pm

attyLLL


moderator
what are the circumstances?


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23 demand letter to stop the relationship on Fri Mar 09, 2012 3:03 am

ladyconan


Arresto Menor
attyLLL wrote:what i do for my clients, at least initially, is to send a demand letter for them to stop the relationship.

if you will be filing cases, you must be prepared for your marriage to end entirely. you should gather evidence first.

in my experience, sometimes the threat of filing a case is better than actually doing so.

repeated marital infidelity is considered psychological violence under ra 9262.


Hi Atty,
Regarding po sa reply nyo about sa demand letter. pwede po ba ako magpagawa sa inyo ng ganitong letter? san po ang office nyo? may charge po ba ?

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24 Re: Can i sue my husband's mistress? on Fri Mar 09, 2012 10:44 am

fighter wife


Arresto Menor
regarding demand letter how can i produce one? kelangn po ba signed by a lawyer or notarized sya may byad po ba mgpgwa ng demand letter and san po pde kumuha non? of course i know i will right a letter is that it? can u further explain.. tnx

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25 Re: Can i sue my husband's mistress? on Fri Mar 09, 2012 8:11 pm

attyLLL


moderator
i'm afraid i am not a pro bono legal representative, just a pro bono legal adviser


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