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Please help my legal separation

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1 Please help my legal separation on Sat Dec 03, 2011 9:46 am

comarcks


Arresto Menor
I am having problem with my ex-wife (not totally ex-wife because we are still married). My wife's actions are not expected. She reported to all concerns about the problem in our relationship. It’s more than a year right now that I left their house, I am renting as bedspacer. I go to their house every weekend not for long right now I go there every two weeks or should I say every payday because that’s the time that we bought supplies for the needs of the children. I left them because all I know is from the beginning I don't want to get married and I don't love her in any way (my wife). We get married because she pointed me out to be the father of the baby in her womb. Without asking if its mine or not, I talk to my parents about that incident and then they decided for me to get married. At the age of 21, I am not ready to have that responsibility and to be a married man. I was very scared that time. I am not blaming my parent's but should they ask me first if I want to marry that girl, I think they should. Right now, all I want is to have us legally separated nor annulled. That is my choice right now; I am ready to take the responsibility to support the kids in their needs.
Please help me in any way you could. I am very down right now and I don't know what to do for us to be legally separated. I lived here in the Philippines where divorce is not recognized but legal separation and annulment is recognized by our government.
Being financially lack to support the process of legal separation and annulment, I am humbly asking your support for this just to continue the process. I am begging to all attorneys out there to help me. Please help me. Please!

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2 Re: Please help my legal separation on Sat Dec 03, 2011 10:01 am

attyLLL


moderator
there are no legal steps required for you to live separately. it's called defacto separation.


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3 follow-up question on Sat Dec 03, 2011 10:09 am

comarcks


Arresto Menor
Hi Atty

is there any way or reason to file a legal separation from my case. And do you think that my legal separation will be granted?

What are the actions or steps that I need to do?

Thank you Atty!

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4 Re: Please help my legal separation on Tue Dec 06, 2011 9:25 pm

attyLLL


moderator
http://www.google.com/url?q=http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property&sa=U&ei=nAneTqjdH8W4iQeiwJy7BQ&ved=0CAQQFjAA&client=internal-uds-cse&usg=AFQjCNH0tIx3M2ATDbg5zs--XgrwFij7rQ


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5 Re: Please help my legal separation on Tue Dec 06, 2011 11:32 pm

alex31


Arresto Menor
good day! atty paano po kun ung husband ay sinisiraan ng wife at nag eembento ng mga kwento just to ruin him and the wife did that just to win his back again but in the wrong way...pede po bang groung un for annulment or legal separation? ano po ba ang pedeng gawin ng husband na tumigil na un wife sa pagkakalat ng mga paninira?thank u po..

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6 Re: Please help my legal separation on Thu Dec 08, 2011 1:46 pm

attyLLL


moderator
no, that is not a ground for annulment. he can file a criminal case for defamation


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7 Re: Please help my legal separation on Thu Dec 08, 2011 2:27 pm

cocacola


Arresto Menor
what is defacto separation. if you have an affidavit of defacto separation what good it will have on me.

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8 Re: Please help my legal separation on Sat Dec 10, 2011 5:16 pm

attyLLL


moderator
de facto separation has no effect on the marriage


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9 Re: Please help my legal separation on Tue Dec 20, 2011 5:07 pm

pau lumen


Arresto Menor
I am separated for more than 10 yrs and my ex-husband had a new family with 2 kids.. We don't have assets to divide nor enough money to filing for annullement. Please help me what kind of legal aggreement letter do I make.

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10 Re: Please help my legal separation on Thu Dec 22, 2011 2:05 am

attyLLL


moderator
that agreement will not have much legal effect


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11 Re: Please help my legal separation on Fri Jan 06, 2012 4:51 pm

Jhomir


Arresto Menor
paano naman poh pag walang pambayad sa annullment, pano poh mavoid ung marriage . kasi pareho poh namin gutong mavoid ung marriage namin. is there any other way to void it?

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12 Re: Please help my legal separation on Sun Jan 08, 2012 1:42 am

pamyrb


Arresto Menor
helo po attorney..jst ask lng po..khit ba hindi naifile sa court yung legal separation eh matatawag pa rin bang legal na hiwalay kmi kung my pinanghahawakan kming kasulatan na legal separated na kmi at notaryado pa?

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13 Re: Please help my legal separation on Thu Jan 12, 2012 5:55 pm

attyLLL


moderator
jhomir, it's not just about cost, but that is a valid point. what is more important is whether you can prove that a ground exists to annul the marriage.

pamyrb, even with out a court order, you can live separately but your marriage still remains. those agreements have no legal effect.


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14 Re: Please help my legal separation on Fri Jan 13, 2012 10:28 pm

pamyrb


Arresto Menor
so you mean po attorney,hindi kmi legal separated?kse sinasabi ng asawa ko eh legal daw separated kmi khit notaryado lng?eh pagkaka alam ko eh isinasampa sa korte para maging legal separated kayo?salamat po/....

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15 Re: Please help my legal separation on Sun Jan 15, 2012 11:17 am

attyLLL


moderator
even if it underwent court proceedings, your marriage will still remain valid. do not confuse legal separation with annulment.

if you or your husband marry again now, it will be bigamy.


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16 Re: Please help my legal separation on Mon Jan 16, 2012 2:23 pm

Jhomir


Arresto Menor
thank you poh, and more power to you & to your org. it help me much.

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17 Re: Please help my legal separation on Wed Feb 01, 2012 5:51 pm

cocacola


Arresto Menor
when i file my sworn statement for the complaint of ra9262 and 7610 in the prosecutors office the affidavit of the witness was not included. the supposed to be the second pi hindi po dumating un asawa ko, so wala pa pong answer. on the third pi nag submit po ako ng affidavit ng witness ko at tinanggap naman ng prosecutor. dun po sa answer ng asawa ko he mentioned na dapat daw walang weight un affidavit ng witness ko kasi late ko na daw sinubmit. ano po ang status ng affidavit ng witnes ko.

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18 Re: Please help my legal separation on Thu Feb 02, 2012 12:10 am

dianeco


Arresto Menor
atty,
yong kapatid ko may problem. 20yrs ago biglaan ang naging kasal nila ng babae tapos after a week nag abroad na kapatid ko. nabalitaan nya na ang asawa nya ay nakiki-sama sa isang tomboy. inamin ng babae ito. nagkaroon sila ng kasulatan na hiwalay na sila at nag-asawa na ang babae. pwd ba maging void yong kasal nila? salamat po

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19 Re: Please help my legal separation on Thu Feb 02, 2012 3:57 pm

maricel0224


Arresto Menor
hi! ijust wanted to seek advice regarding my case. i got married in october 2003 and has been separated since december 2004. my husband is in now is USA and got married there and has 1 child. And I do have a live-in partner and has 2 kids. My question is what is the best way to have our marriage annulled or can i apply for legal separation? I am still using my husbands surname as it was on all my documents but my kids are using my partners surname. we are planning to migrate in canada and all we want is my papers to get done. Please help me on the best thing that I should do. I can't apply to revert my surname on my passport as they are looking for the court papers. Really need help.

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20 Re: Please help my legal separation on Thu Feb 02, 2012 8:07 pm

maricel0224


Arresto Menor
hi! ijust wanted to seek advice regarding my case. i got married in october 2003 and has been separated since december 2004. my husband is in now is USA and got married there and has 1 child. And I do have a live-in partner and has 2 kids. My question is what is the best way to have our marriage annulled or can i apply for legal separation? I am still using my husbands surname as it was on all my documents but my kids are using my partners surname. we are planning to migrate in canada and all we want is my papers to get done. Please help me on the best thing that I should do. I can't apply to revert my surname on my passport as they are looking for the court papers. Really need help.
Another thing is sa ibang lugar po ng probinsya namin kami kinasal. Dahil kakilala ng parents nya yung Mayor ng lugar na iyon. At sa marriage contract po namin nakalagay na nagbigay ng consent ay father nung guy, as when we got married he's only 24 and i'm 25. But the thing is nasa USA po ang dad nya nung time na ikinasal kami and the husband of his cousin signed on his father's behalf. Possible bang gawing grounds yun na mawalang bisa ang kasal namin dahil may forgery na nangyari sa mga documents.
Another point po, nung kinasal kami hindi kami hiningan ng affidavit of singleness. birth certificate lang ang ibinigay namin sa munisipyo ng lugar kung saan kami ikinasal. Hope you can help me out with this as I really wanted to have all my papers done. For my kids as well. For them to become ligitimate. thanks so much!

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21 Re: Please help my legal separation on Sat Feb 04, 2012 4:04 pm

attyLLL


moderator
check here if there are grounds for annulment: http://www.google.com/url?q=http://www.pinoylawyer.org/t4792-grounds-for-annulment-declaration-of-nullity-legal-separation-and-separation-of-property&sa=U&ei=utcsT9uNJ6TjmAXS9eH1Dw&ved=0CAQQFjAA&client=internal-uds-cse&usg=AFQjCNGOq40JC65FwWo7rOXc5JCYNnUZ7A


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22 Re: Please help my legal separation on Mon Feb 06, 2012 5:25 pm

maricel0224


Arresto Menor
Hi Attorney,

I just wanted to ask if the below grounds can be used for my case? My story is this. I do have a boyfriend but sad to say nakabuntis po sya nung magkalayo kami. My ex-boyfriend who is a US citizen told me that he can help me to go to USA, he said we will get married and if things work out fine we will continue living together and if not we will just file an annulment. He told me to go back to Philippines as he will also go on vacation in Philippines. During that time I am also abroad working. So we got married in 2003, during that time he was only 24 and I was 25. We got married in Balagtas, Bulacan while during that time we are both living in another part of Bulacan. The reason why we had our marriage solemnized there was, the Mayor of that town is their family friend. I don’t even remember getting CENOMAR before the marriage. The person stated in our marriage contract who gave consent was his father, but during the time of marriage both of his parents was in USA. It was only his 1st cousin and cousins husband was present from his relatives side. And my mom and 1 colleague and 2 people working in the Municipality was there.

Now he is in USA and got married there and has 1 child. It’s been more than 7 years and since then we don’t have any communication. I just found out from our common friend that he got married there and I’ve seen the pictures. I myself has a live-in partner and also has kids.

I am still using his surname as during that time he told me to amend my passport. All I want now is to get out from that marriage, but HOW? Is the below grounds stated can be one point so I can apply for annulment or legal separation or anything so I get out from this.

I really need your help and advice.

And here are the void marriages:
5) Those contracted through mistake of one contracting party as to the identity of the other; and



Grounds for Judicial Separation of Property:
(6) That at the time of the petition, the spouses have been separated in fact for at least one year and reconciliation is highly impro

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23 Re: Please help my legal separation on Mon May 28, 2012 10:09 am

yrameloy


Arresto Menor
Hi Gudam, ano po ang lakas ng kasong Physical Injuries in Rel to R.A. 7610? No medico Legal, No witness yung magulang at yung bata lang ang nagsasabing sinaktan yung anak nila, but we have witnesses na walang nangyaring pananakit, please help

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24 Re: Please help my legal separation on Fri Jun 01, 2012 11:02 pm

attyLLL


moderator
a lot will depend on your presentation


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25 Re: Please help my legal separation on Mon Sep 17, 2012 5:28 pm

akon mahal


Arresto Menor
Hi atty.i need advise po gusto ko na pong makipaghiwalay sa asawa ko we separated since 10 yrs from now at my live in partner na po ako ngaun gusto ko sana pakasalan yong live in partner ko kaso kasal pa ako sa una pano ba mag apply ng case for legal separation?

thanks po

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