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]
- Twin-Notice Rule and Procedural Requirements in Employment Termination Proceedings - June 3, 2020
- When Travel Pass is Needed for Interzonal Travel during Community Quarantine - June 1, 2020
- Can Companies Compel Employees to Work during the General Community Quarantine (GCQ) and Impose Disciplinary Sanctions - May 29, 2020
My husband and I were separated literraly but not legally for 3 years but we still have communication for quite sometime. We have one child, My ex-husband is giving support to my son amounting to 10,000 monthly and he shoulder the education.But normally the monthly allowance of my son is always delay for 2 weeks. On my part I shoulder the house rental, utilities,electricity and monthly budget of food and some unexpected expenses .He is presently working overseas and he earns 120,000 monthly. I’m also working overseas since last year and I’m earning 35,000 pesos monthly. Just want to inquire how much is the legal amount that my son should receive from his father?Do I still have rights to demand any financial matter to him since we are still legally married?One more thing is there any possibility that he can marry abroad and their marriage will be valid?What is our rights (my son and me)being the legal family?
Sir, would like to know if I can still file a petition for annulment if I already filed a petition for legal separation which is currently pending. Must the legal separation case be dismissed first? Or both can subsist?
EPV, I strongly suggest you read these posts: Q&A on annulment and divorce, and legal support. I can’t give you any legal advice because lawyers are prohibited from doing so in the absence of an attorney-client relationship. I also suggest you use the search function at the right sidebar (scroll down if you can’t see it), some of your questions are already covered in other discussions.
kathara, I assume that you already have a lawyer handling your case. Kindly seek his/legal opinion.
Good morning sir, i filed a declaration of void marriage to my american husband. the court ordered that a publication is needed because he lives abroad and cannot be summoned personally. my question is, is it possible not to publish it and just serve the summon thru registered mail because i still know his home and work addresses as well as phone numbers and emails. thank you so much. Sangre
dear atty,
good day to you sir !!!
i have a male friend whose separated for almost 3 yrs. and 4 mos now… he had a problem about his live-birth certificate. when he applied for a passport thats the only time he found out that on his birth cert. his sex there was “female” instead of “male”, he knows that it would takes time to fix all that, bec. he needs to submit a lot of documents.. but his question, is the “sex” on the life birth can be used as a ground for annulment?
This is the situtation:
Woman A and Man A had a daughter even before they got married. Within their two years of marriage Woman A had an affair with Man B and decided to leave her husband (Man A), and took their daughter. Finally both parties sorted to separate physically. Until now Woman A is still with Man B.
The question is:
Man A wants to file for annulment. What would be the possible grounds for this case?
Questions for all lawyers. How much would one have to spend when filinf for annulment? And on what grounds can one file for annulment? What if both parties agree to have the marriage annulled, who should file for annulment then? are there any centers or any offices that provide free legal service for women who want to have their marriage annuleled? Thanks
Sangre, please consult your lawyer on that matter. Please note that even with service of summons by publication, it must still be sent by registered mail to the last known address…unless, of course, the court orders otherwise.
Sofia, the grounds for annulment or declaration of nullity of marriage are discussed in some other posts. Kindly check the articles…then let me know if you find the ground you cited =)
Sweetest, same answer as that of Sofia.
Alyssa, try the Public Attorneys’ Office. Good luck.
My wife left since 1984 and I don’t have any news from her ever since. Can I file for Presumptive Death of My Absent Spouse. What are the chances that this will be granted. Recently I met someone and planned to marry her. Thanks
Deesian, the probability depends on the facts/evidence that you can show, among other things. Discuss this with your lawyer. Good luck.