annulment

tunaturkeydog Member

2POSTS

10 years ago

#241

Hi there! I'm in the Philippines and I'm actually looking for a trustworthy attorney myself.

brookdanny2000 New member

5POSTS

10 years ago

#242

I am also looking for a trustworthy attorney.keep in touch and let me know if you find one.thanks danny

leavemealone19 New member

8POSTS

10 years ago

#243

If you are looking for trustworthy attorney in manila area you may try Atty. Mark Kristopher G Tolentino. He is an expert family law attorney. I regret that i only knew him after i signed the contract with my current Attorney.

He has a facebook account

Atty. Mark Kristopher G. Tolentino, LLM

maChel Active member

25POSTS

10 years ago

#244

Hi..
I am new member here...
I filed an annulment since novemeber 2013 til now were still by the trial process....been a long time right...?!
We startd to live at 2010 and my ex decided us to get married by year 2011 ..we got a 7months old baby and get separated at year 2012..he abandoned us and never get any support from him..i filed an annulment by the year 2013..and i guess i have told my atty that only to focused on annulment...
My ex filed his answer and he stated that he is not the father and he is not the father and he is not gonna give any support...in which i even dont want any support from him...i raised small one on my own and I thanked God that we survived...
Now,getting tired of fighting ...money is getting empty...i didnt get any improvement yet...
My question is...
Will it be possibly withdraw the case and tell straight away that i dont want anything from him as atty put an amount for legal support in which i dont need...
Pls want to hear any from u guys wat will be the best solution for this to be granted...money,time and effort is getting wasted...and its absolutely tiring....

Thank you and May God bless us all....

CRC22 Member

1POSTS

10 years ago

#245

hi,there.. just want to share my legal battle with my ex husband. Filed annulment/ nullity- bigamous marriage. I secured Marriage certificate and cenomar from NSO, stating that im not his only wife-he got two wives- married twice, (He is married before we get married, w/o my knowledge of course). Filed annulment last November 2011. done with the hearing last August 2012 and as per my lawyer, it was submitted for decision last quarter of 2013 . the process of course was pocket and time wrecking. and until now, im still waiting for the decision. I'm becoming impatient waiting for almost 4 years, knowing that it is null and void from the very beginning. and hearing news that the marriage of so and so is already annulled in less than 2 years due to psychological incapacity. how is that? The reason of my lawyer is that my case is not the priority of the RTC, criminal case is their priority, how sad is that? making me mad...

leavemealone19 New member

8POSTS

10 years ago

#246

I think you can withdraw it to make to process faster (but the best person you need to ask is your atty.) I also filed an annulment and did not ask for support so the court could just focus on annulment.

Arthas Member

18POSTS

10 years ago

#247

Hi everyone;

I have two questions;

1. My girl friend's ex husband is filing an annulment against her. they already agreed to file annulment and he agreed to file it. as per him, he filed it on Jan 2015. Now it is almost end of may and my gf did not receive any summon letter. What is the duration to receive summon letter after filing the annulment?

2. I was also married with a Filipina. We married in turkey and divorced in turkey. Now should I file an annulment for my divorce to be recognize in Philippines? and if I don't file annulment in Philippines, can I marry a Filipina again? What is the consequences if I don't file annulment in Philippines and get marry with a Filipina in turkey again?

Thank you

ABCDiamond Serial expat

873POSTS

10 years ago

#248

Arthas wrote:
2. I was also married with a Filipina. We married in turkey and divorced in turkey. Now should I file an annulment for my divorce to be recognize in Philippines? and if I don't file annulment in Philippines, can I marry a Filipina again? What is the consequences if I don't file annulment in Philippines and get marry with a Filipina in turkey again?

Thank you

You don't need to do anything.

As you married and divorced outside the Philippines, then you do not need to do anything about it in the Philippines, UNLESS you had the marriage recognized in the Philippines at any time.

I also married and divorced outside the Philippines, and all I need is proof of my Divorce overseas if I wish to marry again, even if I chose to marry in the Philippines.

As far as Turkey is concerned, all you need is proof that you are not married. ie: your Turkish divorce certificate.

Arthas Member

18POSTS

10 years ago

#249

Dear ABCDiamond;

Thanks for useful information.

Regarding my first question;

1. My girl friend's ex husband is filing an annulment against her. they already agreed to file annulment and he agreed to file it. as per him, he filed it on Jan 2015. Now it is almost end of may and my gf did not receive any summon letter. What is the duration to receive summon letter after filing the annulment?

Could you please assist as well?

Thank you.

witty.monkey Active member

71POSTS

10 years ago

#250

As far as I know, If a Filipino or Filipina is married to foreigner. they need to file a annulment case in the Philippines. However Divorced is allowed in Philippines is the foreign husband/wife must be the one to filed for divorced case here.

A consular Report of Divorce filed at your Philippine consulate is sufficient for passport renewal. For legal purposes in Philippines you will need to file a case in court in Philippines for "Judicial Recognition" of the divorce. There are law firms in Philippines that handle these cases.

Your divorce is valid in Philippines, the Judicial Recognition is to officially review the divorce to ensure that it is valid under the laws of the country where issued and meets the requirements of Philippine law for recognition in Philippines. So no annulment is necessary.

ABCDiamond Serial expat

873POSTS

10 years ago

#251

witty.monkey wrote:
As far as I know, If a Filipino or Filipina is married to foreigner. they need to file a annulment case in the Philippines.

That only applies if they married in the Philippines, or have had an overseas marriage recognised by the Philippine government.

If they marry overseas, then an annulment case in the Philippines is not needed. I am not even sure it would be possible as they would need a Philippine marriage certificate to begin a Philippine annulment, which they would not have.

witty.monkey wrote:
However Divorced is allowed in Philippines is the foreign husband/wife must be the one to filed for divorced case here.

A foreigner (USA, UK, AUS especially) would have little interest in filing in the Philippines, as their divorce would be recognized worldwide, if they have a legitimate divorce certificate from any country.

I married a Filipina in Australia, we divorced in Australia. We never did anything in the Philippines, no annulment or divorce, and no recognition of marriage.
We are both free to marry, and she could if she needed to, get a certificate of no marriage in the Philippines, as she is not married according to the Philippines, and all other countries.

witty.monkey Active member

71POSTS

10 years ago

#252

this applies if the marriage is taken in philippines.

Arthas Member

18POSTS

10 years ago

#253

As per above discussion, I guess I have no obligation to apply for annulment in Philippines since we are married and divorced in turkey. But i remembered that me and my ex wife went to embassy of Philippines in turkey to submit our documents to inform NSO in Philippines. But still this will not change anything since we are divorced in turkey and my next marriage ( if ever ) will take place in turkey as well.

Thank you all for your above explanations.

Any idea regarding my below question?

1. My girl friend's ex husband is filing an annulment against her. they already agreed to file annulment and he agreed to file it. as per him, he filed it on Jan 2015. Now it is almost end of may and my gf did not receive any summon letter. What is the duration to receive summon letter after filing the annulment?

Thank you.

professor cebu Serial expat

306POSTS

10 years ago

#254

Arthas wrote:
As per above discussion, I guess I have no obligation to apply for annulment in Philippines since we are married and divorced in turkey. But i remembered that me and my ex wife went to embassy of Philippines in turkey to submit our documents to inform NSO in Philippines. But still this will not change anything since we are divorced in turkey and my next marriage ( if ever ) will take place in turkey as well.

Thank you all for your above explanations.

Any idea regarding my below question?

1. My girl friend's ex husband is filing an annulment against her. they already agreed to file annulment and he agreed to file it. as per him, he filed it on Jan 2015. Now it is almost end of may and my gf did not receive any summon letter. What is the duration to receive summon letter after filing the annulment?

Thank you.

two reasons. either the case is not actually filed or it was filed but not yet raffled.

witty.monkey Active member

71POSTS

10 years ago

#255

probably you are right,

you need to know which place the marriage has been taken. cases are forwarded to the municipal court where the marriage. she should inquire about.

Arthas Member

18POSTS

10 years ago

#256

Marriage was taken in Cebu. The husband is the one who is filing.

Where can we check if case is filed or which court it is directed? Is there online follow up page for the cases? I want to know if case is filed and which court will deal with it. Without knowledge of husband of course.

Thank you.

witty.monkey Active member

71POSTS

10 years ago

#257

if it was filed she should have a noticed. i think the best thing you can do is tell your gf to ask her ex hubby about it. or else she'll be the one to filed it.. my friend cost her more 80,000 pesos in her annulment. and it took 8 month. you can tell her to consult at the PAO office in cebu, so that she can have idea why it took so long so receive a notice. the lawyer there can able to answer your worry without burning money unlike those private attorney. so far that's the best thing you can do.

carolvic New member

6POSTS

10 years ago

#258

Hello po im carol gusto q lang po malaman kung paano po i annul ang kasal na hindi po na registered sa NSO. Meron po kami record ng ex q sa local civil registrar dito sa cebu city.

Gusto q pong mag file ng annulment pero hindi q alam kung anong ground kasi sabi po ng iba hindi daw ground kung bisexual yung asawa mo. I found out hes bixesual after 5 years kami kasal.
Please i need a best lawyer sana may ma i recomend kayo.
Thankyou and God bless

witty.monkey Active member

71POSTS

10 years ago

#259

yung record mo na papel sa local registry, i pa authenticate mo sa nso office jan sa cebu. yung mismong galing na kopya sa local civil registry. imposibleng 5 years na kayong kasal wala kaiong record sa nso. bka may error sa spelling.. i think best thing na gawin mo is kausapin mo yung ex hubby mo regards sa annulment. I think you should reconsider din yung kahihiyan nya. kung yung grounds ng pagiging bi nya ang gagamitin mo sa annulment. baka kumain kaio ng taon bago matapos ang kaso nyo. mas maganda mag usap kaio since 2 naman dalawa ang magbebenefit at marerelieve pag naannul kaio. Di naman lagi na naghihiwalay kailangan bitter sa isa't isa.

hope this will help you decide.,,hehehe

carolvic New member

6POSTS

10 years ago

#260

Hello thankyou sa reply.. Ikinasal kami noong year 2000 so 15 years na kami married. Pina authenticate q na din po yung mariage certificate namin sa NSO at no record po sa NSO at pinuntahan q yung local registrar namin at nandoon yung record namin. Hindi lang na endorse.

Julien Founder

53148POSTS

10 years ago

#261

Hi carolvic, witty.monkey,

could you please post in English ?

Many thanks,

Julien

witty.monkey Active member

71POSTS

10 years ago

#262

oh sure no problem..sorry for that.. hehehhe

witty.monkey Active member

71POSTS

10 years ago

#263

Best thing you can do is if you have known someone in the cityhall. You can pull out your paper there. Try to ask the local registry how come it didn't forward to nso. Then you can inquire to them not to forward it to nso. Have you guys had kids? maybe you can pm me your situation, your situation is like the same as my cousin but with him, his mom never register their marriage. though they got marriage so technically they were still single even if they are married.

carolvic New member

6POSTS

10 years ago

#264

kumunsulta na ako ng lawyer at advise po niya na i endorse q daw yung mariage certificate q sa NSO para daw maka pag file aq ng anulment..
gusto q sanang mag kunsulta ng ibang lawyer dito sa cebu.

witty.monkey Active member

71POSTS

10 years ago

#265

Try to inquire to PAO. Private lawyers will never give you the right answer and best advice until you hire them their service. Unlike PAO this will tell you the thing you will do. you can save money too.

carolvic New member

6POSTS

10 years ago

#266

Thankyou sa advicdm

carolvic New member

6POSTS

10 years ago

#267

++++
Goodluck

Moderated by Maximilien 10 years ago
Reason : avoid posting your personal details pls

stumpy Laos Expert

18028POSTS

10 years ago

#268

carolvic wrote:
kumunsulta na ako ng lawyer at advise po niya na i endorse q daw yung mariage certificate q sa NSO para daw maka pag file aq ng anulment..
gusto q sanang mag kunsulta ng ibang lawyer dito sa cebu.

ENGLISH PLEASE !!!

professor cebu Serial expat

306POSTS

10 years ago

#269

Arthas wrote:
Marriage was taken in Cebu. The husband is the one who is filing.

Where can we check if case is filed or which court it is directed? Is there online follow up page for the cases? I want to know if case is filed and which court will deal with it. Without knowledge of husband of course.

Thank you.

you've to go to Qmonda and check with the Regional Trial Court.

professor cebu Serial expat

306POSTS

10 years ago

#270

dear carolvic,

nso is your least concern. but you can ask NSO nearest you to update their records and bring along your original or certified true copy of your marriage contract.

as to your annulment, the date of discovery of the sexual of preference of your husband can be post dated. it would be a matter of admission in court. this is easy to do via affidavit.

alexlicpa Member

2POSTS

10 years ago

#271

how long did your annulment take? around how much is cost? when did your annulment took place? thx.

professor cebu Serial expat

306POSTS

10 years ago

#272

period: depending on the grounds, evidences, and court; amount: depending on the lawyer and the place where the case is filed.

dawnsy Member

1POSTS

10 years ago

#273

I need some help from you guys. I'm from cebu. I need a reliable annulment atty. Recommend pls....ty

mbhuller4 Guest

0POSTS

10 years ago

#274

very hard to find a "reliable" attorney in phil . even if they agree fees they still later try 2 get more as in phil foreigners are considered as free lambs where everyone wants to share the meat !! if you smart try self service !!!

jimi_kaye Member

2POSTS

10 years ago

#275

Hi.
i have some questions with regards to annulment.. actually im not the one involved in this. may kaibigan po kasi ako. gusto nya mag file ng annulment sa wife nya. legally separated na sila for 2 yrs, and hes planning to file for annulment against his wife. sa ngayon po hindi pa nya nasimulan kasi marami xang kinoconsider na mga aspects. gusto lang nya madali ung annulment nila since may legal separation naman na sila at nagsasabing inaamin ng wife nya na nag commit nga ng addultery ito habang wala sa bansa(philippines) itong kaibigan ko. mga ilang taon kaya mapawalang bisa yong case nila at tama po ba na xa din ang mag file na psychologically incapacitated siya (kaibigan ko) tanong lang nya if maari pa ba xang makapag asawa?

thank you po.
kaye

professor cebu Serial expat

306POSTS

10 years ago

#276

dear dawnsy, if you havent found one yet, glad to give you one... many competent lawyers here in cebu city.

dear jimi_kaye, yes he can still nullify ur fren's marriage as long as its not the same ground raised in his/her legal separation. and yes, he/she can get married once a decree of nullity is issued

jimi_kaye Member

2POSTS

10 years ago

#277

Hello there,

thank you for the quick revert on my question.
how long will it take for the annulment process? and how much? what are the posibilities that could make the case move fast? what if the wife is not in cebu already would it still possible for my friend to file for the annulment? and who will take the custody of their children?

hoping for you response.\

thank you
kaye

professor cebu Serial expat

306POSTS

10 years ago

#278

depends really. but a year or less is achievable. the case may stll prosper even in the absence of the wife. custody of the children may be given to the complainant if the case should prosper

jimi_kaye wrote:
Hello there,

thank you for the quick revert on my question.
how long will it take for the annulment process? and how much? what are the posibilities that could make the case move fast? what if the wife is not in cebu already would it still possible for my friend to file for the annulment? and who will take the custody of their children?

hoping for you response.\

thank you
kaye

maChel Active member

25POSTS

10 years ago

#279

but sadly i am the one who filed...
So it should be annulment as i am filipina....
Unless if my foreign husband filed he can filed divorce in the consulate embassy is ithat right ?!

ABCDiamond Serial expat

873POSTS

10 years ago

#280

maChel wrote:
but sadly i am the one who filed...
So it should be annulment as i am filipina....
Unless if my foreign husband filed he can filed divorce in the consulate embassy is ithat right ?!

I think that your foreign husband can get a divorce in his own country. Does he live overseas or in Philippines ?

He is then free and able to remarry anywhere, but not in the Philippines. He would be classed as still married here as the Philippines do not recognise Divorce.

However, check up on this:

Article 26 of the Family Code
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

An Annulment is expensive in the Philippines, and I doubt that many foreign men would want to go through that, when a Divorce is so cheap in other countries.