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Annulment denied

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1 Annulment denied on Tue Sep 13, 2011 3:53 pm

i_peace


Arresto Menor
After 7 years of being separated from my husband i decided to file an annulment so i can finally move on and remarry someday. But unfortunately it was denied. I was very disappointed with my lawyer. I don't think he did his best. Because my husband didn't even attend any of the hearings, kahit lawyer lang niya wala. Can the petition be denied even if the respondent does not attend the hearings? What can be the possible reasons why it was denied?

Since the decision has already been made, does that mean there's no more chance for my marriage to be null and void? No way of getting married in the future?

Thanks in advance

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2 Re: Annulment denied on Tue Sep 13, 2011 7:30 pm

attyLLL


moderator
you can still file an appeal within 15 days from receipt of your lawyer. what grounds did you cite? psycho incapacity?


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3 Re: Annulment denied on Tue Sep 13, 2011 7:58 pm

i_peace


Arresto Menor
yes psycho incapacity. if i appeal for MR what are the chances? any advice? i have no confidence with my lawyer anymore =(

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4 Re: Annulment denied on Tue Sep 13, 2011 8:50 pm

i_peace


Arresto Menor
If my ground does not suffice as psychological incapacity, what more should i present the court for filing MR? Its really impossible for me and my husband to get back together, the love and respect is all gone, he always drinks, gambles, plus he has no job ever since we got married. Up to now he still has no job, He only gets his money from his parents. by the way we have a child, who is now a teenager,and according to my daughter he still does the same vices. How can he provide and save his marriage when he can't even fix his own life. pls i need your advice. i need to know what will happen if i appeal?

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5 Re: Annulment denied on Tue Sep 13, 2011 8:50 pm

i_peace


Arresto Menor
If my ground does not suffice as psychological incapacity, what more should i present the court for filing MR? Its really impossible for me and my husband to get back together, the love and respect is all gone, he always drinks, gambles, plus he has no job ever since we got married. Up to now he still has no job, He only gets his money from his parents. by the way we have a child, who is now a teenager,and according to my daughter he still does the same vices. How can he provide and save his marriage when he can't even fix his own life. pls i need your advice. i need to know what will happen if i appeal?

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6 Re: Annulment denied on Tue Sep 13, 2011 9:54 pm

attyLLL


moderator
sorry, but if you have your own lawyer, you really should discuss this with him.

I would focus on the steno notes to see if there was sufficient evidence to prove psycho incapacity.

you only get one chance with annulment; if it fails, there is no take two.


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7 Re: Annulment denied on Wed Sep 14, 2011 7:39 am

i_peace


Arresto Menor
ok...last question...the reasons i cited above...do you think those were not sufficient enough for annulling my marriage? In your own opinion lang po...

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8 Re: Annulment denied on Wed Sep 14, 2011 10:46 pm

attyLLL


moderator
again, i'm sorry, but our rules of ethics require that you should discuss this with your own lawyer.


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9 Re: Annulment denied on Thu Sep 15, 2011 8:20 am

i_peace


Arresto Menor
oh ok, sorry. binitawan ko na po yung lawyer ko, and im looking for a new lawyer who can help me. one of the reasons din po why it was denied, 1. because i wasn't able to reply daw po dun sa counter affidavit the respondent submitted, which i didn't know that i have to, and 2. there was a collusion daw, because the respondent withdrew after he submitted his counter-affidavit, which wasn't true, we're not even in good terms.

pasencya na po atty if i have so many questions. im running out of time and i still can't decide if i should appeal for MR =( it will cost me to get a new lawyer. I'm really thankful that you have a forum like this where we could seek free legal advice.


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10 Re: Annulment denied on Fri Sep 16, 2011 1:42 am

attyLLL


moderator
it won't be too difficult to argue against collusion, but my main concern is whether there was sufficient evidence to prove psycho incapacity existed before the marriage, that it was incurable and it keeps the couple from performing the basic obligations of marriage. sent you a pm


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11 Re: Annulment denied on Sat Nov 26, 2016 12:26 pm

dr.manhattan


Arresto Menor
I am curious of what happened to your case after. Did you file for MR? How much more time did it take?

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12 Re: Annulment denied Today at 5:19 am

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