You thought you’ve found your perfect match. You thought your marriage is bound to last forever, or, at the very least, until the last breath. You’ve thought wrong, you say, and you now think of seeking legal remedy to end your marriage. Here are “steps” or suggestions in deciding whether to step out of the ring or not (for the court procedure, see Procedure in Annulment of Marriage and Declaration of Nullity of Marriage):
1. Make sure it is the last resort. As stated in a previous post, love and marriage are supposed to be forever. Try all options, like counseling, to make it work. If there’s no progress, weigh your options. On the other side of the scale is the reality that getting into another relationship or marriage, while the first marital bond is still existing, is a sure way of courting criminal liability (adultery, concubinage, bigamy). A subsequent petition for declaration of nullity/annulment of marriage is not a defense in the criminal action.
2. Realize that it will cost you. Getting out of marriage is sometimes more expensive than getting into one. Expenses include the fees for your lawyer or counsel, filing fees, professional fees for the psychiatrist or psychologist (if the ground is psychological incapacity), etc.
3. Discuss the custody of children, visitation rights, property arrangements and support. Custody over children and separation of properties in annulment are among the most bitter issues in annulment. As much as possible, discuss and agree on these matters beforehand.
4. Make sure to invoke a valid ground. Marriage is an inviolable social institution and any doubt is resolved in its favor. Hence, make sure there’s sufficient basis to go through the procedure discussed below.
5. Prescriptive period. Make sure that the petition is filed within the time provided under the law. There are separate rules for counting of the prescriptive period for each ground. [See Prescriptive Periods for Annulment of Marriage]
The procedure is provided under the Rules on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages. [See Procedure in Annulment of Marriage and Declaration of Nullity of Marriage]
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Greetings;
It was almost 8yrs now that i did not see my ex-wife after she filed a case againts me and it was dismissed because of her non-appearing..Now im planning to file a an annulment of our marriage problem is i dont know where she is exactly. I just only remember his last known address where anyone knows where she is right now and im sure of that.
How much will cost me for my case..tnx
Good day attorney..
Since I am planning and decided to file an annulment case, I want to clear some questions. we got married 2003 cebu separated February2007, we had 1child. I am now residing dipolog.. questions can I file the annulment case here in dipolog instead cebu.. second, he is a seaferer, can I still file even if he in not in the country? How long does the case take? Lastly , our child is 9yrs old girl.. after the case thus the child custody move to him? Thank u…please help me clear my quiries.. please if possible reply me on my email..thank u..
God bless
Just want to ask.. me and my husband doesnt have a child and we wanted to annul our marriage… how are we going to do it?
Good day Atty.,
I am married to someone who is already married. I just knew about it when we were almost a year of being married. Now, since my marriage to him is null and void I want to file for Decree of Nullity. I really wanted my status and maiden name back. How long will it take for this process (an estimate will do)? And, hwo much will it cost me as well? Also, I have applied for cahnge in status in my passport, Now I will be migrating somewhere and I need my passport in my maiden name. In DFA’s site, there is no other requirement on how I can do it (in my case, what is stated there are for those annuled or the spouse is dead). We are almost 4 years separated by the way. Please help me out. I badly needed an advice regarding my situation.
I’d realyl appreciate an answer. Thank you so mcuh and more power.
Sincerely,
AM_0301
my brother and her wife is married for almost 3 years already, and after their civil marriage they did not live each other together. His wife just persuade him to marry her because she got pregnant and in order for her not to be out on her job. later , his wife had another baby from other guy. and my brother wants their marriage to be annulled . Does my brother have any chance to be annulled from his wife ??
pwede po bang magfile ng annulment kahit nasa abroad ang asawa at papano po nya ito marereceive.
i was married on 2000 and after 2 years of marriage my wife left without any notice.. until now i have no clue to her whereabouts. i am planning to file an annulment but she is nowhere to be found and in cases of failure to show up with public summons what will then happen to the case..
i would like to ask if have possibility to annul my marriage with my ex husband he has already live in partner and he has three kids. we separated for almost 10 years and i dont have any communication with him i just only heard the news from his mother and brother but we never had communication for the 10 years separation. Now i decided to file for annulment with him. I need also to be happy in my life, no support from him we have 3 kids with me and i and my family only support,pls help me just text me if what can i do .for 10 years i never do anything but now i want my marriage to be annul.pls help me what will i do..im here at zamboanga city and i dont know where he is now..im planning also to file PRESUMPTIVE DEATH . PLS TEXT ME 09354246229 ,,malu /civil marriage…
Atty fred,
Me and my husband had been separated for almost 10years now. We dont have any communication at all.we have a 10year old daughter but i dont get any support from him thats why i decided to work and earn by my own. My questions are what would be my ground for annulment?im working abroad how could i start the process? What would my child get from it? And how much will it cost me? Pls do advise me sir, i really need to start it.. Thanks.
What would be the legal procedure on my case of having marriege at the early age of 14years old,will it be considered that marriege is a legal??