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Need Advice for Possible Bigamy Case

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1 Need Advice for Possible Bigamy Case on Sat Dec 24, 2011 4:42 pm

mommyria


Arresto Menor
Dear Atty,

I am confused and scared, but I hope with your pieces of advice, I can gather courage to face my situation.

I got married last September 2011. I knew that my husband have been married for 14 years, but he told me that he and his 1st wife don't have marriage papers (He said he had them pulled out through connections). He showed me a verification paper that he is not married to the 1st wife. This is the reason I married him. I assumed that I would be the legal wife.

I have the original copy of our marriage certificate. I have yet to request for the NSO certified copy. I am also 4 months pregnant with my husband now. He and the 1st wife never had and never would have kids.

My husband seems scared of the 1st wife. He also refuses to live with me for reasons I do not know.

Last night, we had our biggest fight. I went to a hospital to get Medico Legal for my injuries

Here are my questions:
1) If indeed I am the 2nd wife ( I plan to file for annulment for the basis of bigamy), do I need to use my husband's last name in my bank accounts, SSS, passport, etc. I have a feeling that they also have a record with the NSO.

2) When I give birth, can I declare in the hospital that I am single? Would it be ok if I not use the father's last name? I want to name our baby after my maiden name.

3) My husband is a seaman. There is a possibility that when I give birth, he will not be around to sign the birth certificate. How do I get about claiming the rights of my child?

I would really appreciate your taking time to read my post and to give me advice. Thank you, as well, for a very helpful site. It's very helpful for people like me. More power and Merry Christmas!

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2 Re: Need Advice for Possible Bigamy Case on Sat Dec 24, 2011 7:46 pm

attyLLL


moderator
1) no, you are not required to use his last name, but once you do, you can't compel them to change it back if you change your mind.

2) no, the remedy is to file a petition for annulment in include that as a remedy. but in the meantime, you cannot declare otherwise.

3) those are two different matters. because you are married, it is presumed he is the father even if he doesn't sign the birth certificate. as for support, if he is not sending then, the proper recourse is to file for support or for economic abuse

if you need more info, contact me at attyllaw @ gmail.com.

3)


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3 Re: Need Advice for Possible Bigamy Case on Sat Dec 24, 2011 11:00 pm

mommyria


Arresto Menor
Thank you so much, attorney. At least hind na po ako nangangapa. May isang tanong pa po ako. Three years ago, I tried requesting for a CENOMAR of my ex (my first-born's father). I was informed that I cannot do that, that only the person himself can request for a CENOMAR. In other words, I never found out if he was married or not before we had a relationship. Now, I plan to verify if my husband is indeed married to the 1st wife. I am afraid I will not be able to do so. In what other ways can I verify their marriage aside from making a request at NSO?

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4 Re: Need Advice for Possible Bigamy Case on Sat Dec 24, 2011 11:21 pm

mommyria


Arresto Menor
Ibig din po ba sabihin, dapat ipa-update ko rin ang passport ko before I do any travelling? Thanks po uli.

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5 Re: Need Advice for Possible Bigamy Case on Sun Dec 25, 2011 5:33 pm

attyLLL


moderator
you are allowed to get a cenomar, but it will be easier if you just request the marriage certificate of your husband and the first wife directly.

if you plan to get an annulment, keep your passport under your maiden name.


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Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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