Annullment thread 3

[em_cee]

hi jazzlawyer,  pasensya na ha.  I pm'ed you again.  I just want to erase my worries before I decide.  Hoping for your reply.  Thank you very much.

[shane_1129]

sis bestky interested po ako s conact details ng lawyer n sinasabi mo... paki PM mo [textspeak!] sakin... thanks in advance

[tipay]

Question - ano ang possible na mga mangyari if i-contest ng wife yung petition for annulment na ifi-nile ng husband niya?

[bruce_lyn]

Question - ano ang possible na mga mangyari if i-contest ng wife yung petition for annulment na ifi-nile ng husband niya?

Tatagal ang petition for annullment kasi  kokontrahin ng lawyer ni wife. ex kung sa trial ganito ang sinabi ng lawyer ni husband bibigyan ng time na sagutin ng lawyer ni wife so another date of hearing.  or pwdeng ipa reset ni wife's lawyer ang mga susunod na hearing with excuses so another date of hearings eh what if kung magbigay ng date of hearings ang court every 2 to 3 months? so  expect baka more than two years.

[teng galing]

sissies [textspeak!] pm po. ask ko lang pag po ba nag file ng annullment si husband na nasa ibang bansa pano ang procedure and malalaman po ba ni wife na nsa pinas na nagfile si husband?

[jeune]

Question: Married in US but reported in the Philippines, ex husband filed a divorce in US. I know divorce is not recognized in PI but what will happen to the marriage reported if the Filipina became US citizen after being remarried?

[jazzlawyer]

Question: Married in US but reported in the Philippines, ex husband filed a divorce in US. I know divorce is not recognized in PI but what will happen to the marriage reported if the Filipina became US citizen after being remarried?

Assuming ex husband is a US citizen (right?)

Here is the timeline: the Filipina is still a filipina---- Marriage reported in the Philippines still stays because you need to do something to notify the custodian of those reports that the filipina is now divorced. Filipina has to file for regonition of foreign divorce in the Regional Trial Court.

The purpose of the recognition is for the Courts is to order the custodian of the reports to recognize the divorce of the filipina. thats the only time the custodians can act upon it.

If Filipina now becomes a US Citizen---and has no intention to get married in the Philippines, since she now is a US citizen, she is now bound by the laws of the US hence, Divorce is Valid. No need to have it recognized. Probably US wont be needing te reports in the Philippines because in their laws, she is now free to remarry.

If Filipina turned US citizen wants to get married in the Philippines --- her process is a bit different now. She doesnt need to secure CENOMAR in the Philippines, her legal capacity to get married should be secured now in her new homeland where she is now considered divorced and free to marry 

I hope I was able to answer your question. 

[jazzlawyer]

sissies [textspeak!] pm po. ask ko lang pag po ba nag file ng annullment si husband na nasa ibang bansa pano ang procedure and malalaman po ba ni wife na nsa pinas na nagfile si husband?

wife is always notified through summons sent by the court.

[jazzlawyer]

hi mga sis. my friend's bf is getting annuled kaso ang tagal daw ng process eh di naman daw niya makulit si boyfie para di raw siya mukhang impatient kaya nagpapatanong dito.

anyway, her bf got married because he got his girlfriend back then pregnant so pinilit nung family ng girl na magpakasal sila. they got married pero about half a year lang ata sila nagsama. when the guy got a lawyer, they found out na wala pala silang license. ang pinalabas eh 5 years na silang nagsasama kaya no need for license and there was an affidavit to back up na nagsama sila ng 5 years. the thing is, if 5 years naman sila nagsama if you believe the affidavit, the girl would have been in 3rd or 4th year high school pa lang.

maggrant kaya yun annulment nila? and based on what reason? and gano kaya katagal ang processing ng ganitong case?

TIA for your help mga sis...

pwede sis

with regard to time, it depends on the process ng court. lawyers dont have any hold on the timeline (thats one thing I really dont like about when clients ask me that question. di naman magikero mga abogado para mapredict gano katagal)

sorry bitter lang ng konti hehe.

[teng galing]

thanks for the reply sa query ko.  tanong po ulit. ano po ang dapat gawin to contest yung na ifile na annullment, kung sakali pong nag file nga. may libre po bang abogado to assist kasi po wala akong means to pay ng atty.

[jazzlawyer]

thanks for the reply sa query ko.  tanong po ulit. ano po ang dapat gawin to contest yung na ifile na annullment, kung sakali pong nag file nga. may libre po bang abogado to assist kasi po wala akong means to pay ng atty.

Go to Public Attorneys Office sis. Hanapin mo office nila where the case is filed.

[teng galing]

[textspeak!] pm jazzlawyer, pano ko po malalaman kung san nag file ng case? sa merereceive ko po bang notification regarding sa case, sensya na no idea po tlaga mam. tia
.

[jazzlawyer]

[textspeak!] pm jazzlawyer, pano ko po malalaman kung san nag file ng case? sa merereceive ko po bang notification regarding sa case, sensya na no idea po tlaga mam. tia
.

yes dapat. unless gumawa ng bogus yung husband filing it on a different venue. Pero based sa rules, usually finafile yan where the petitioner or respondent resides, at the choice of the petitioner.

[teng galing]

[textspeak!] am jazzlawyer. kung bogus po ang naifile, malalaman po ba na bogus yun or hindi and kahit po ba bogus malalaman pa rin ng wife? pag bogus po ba matutuloy yung case or hindi pede kasi nga bogus. pero dapat po ba na ang petitioner ang personal na magfile kahit na nasa ibang bansa sya or pedeng may representative na lang sya dito? in any case po ma notify naman po ang respondent di ba?nid lang ng respondent to contest the case, tama po di ba. sensya na po talaga kasi no idea talaga. and thank you po talaga

[jeune]

Assuming ex husband is a US citizen (right?)

Here is the timeline: the Filipina is still a filipina---- Marriage reported in the Philippines still stays because you need to do something to notify the custodian of those reports that the filipina is now divorced. Filipina has to file for regonition of foreign divorce in the Regional Trial Court.

The purpose of the recognition is for the Courts is to order the custodian of the reports to recognize the divorce of the filipina. thats the only time the custodians can act upon it.

If Filipina now becomes a US Citizen---and has no intention to get married in the Philippines, since she now is a US citizen, she is now bound by the laws of the US hence, Divorce is Valid. No need to have it recognized. Probably US wont be needing te reports in the Philippines because in their laws, she is now free to remarry.

If Filipina turned US citizen wants to get married in the Philippines --- her process is a bit different now. She doesnt need to secure CENOMAR in the Philippines, her legal capacity to get married should be secured now in her new homeland where she is now considered divorced and free to marry 

I hope I was able to answer your question. 

Thank you Ms. Jazz! Your answers were very helpful. And yes, ex-husband is US citizen. Now the Filipina is thinking of applying dual citizenship, will it affect the previously recorded marriage? Does she still have to notify the custodian regarding the foreign divorce? If so, can she file at any RTC? How long is the proceeding? TIA for your answer.

[jazzlawyer]

[textspeak!] am jazzlawyer. kung bogus po ang naifile, malalaman po ba na bogus yun or hindi and kahit po ba bogus malalaman pa rin ng wife? pag bogus po ba matutuloy yung case or hindi pede kasi nga bogus. pero dapat po ba na ang petitioner ang personal na magfile kahit na nasa ibang bansa sya or pedeng may representative na lang sya dito? in any case po ma notify naman po ang respondent di ba?nid lang ng respondent to contest the case, tama po di ba. sensya na po talaga kasi no idea talaga. and thank you po talaga

In this case the contestant-wife should be aware on what her husband will do.

[jazzlawyer]

Thank you Ms. Jazz! Your answers were very helpful. And yes, ex-husband is US citizen. Now the Filipina is thinking of applying dual citizenship, will it affect the previously recorded marriage? Does she still have to notify the custodian regarding the foreign divorce? If so, can she file at any RTC? How long is the proceeding? TIA for your answer.

I havent heard of anything like that but if dual -citizen i guess yeah she still needs to file it with RTC since technically shes still a filipina.

How long the proceedings? Again, it depends. 

[teng galing]

[textspeak!] pm mam jazz.. ano po ba ang mga posibleng gawin ng husband?

[jazzlawyer]

[textspeak!] pm mam jazz.. ano po ba ang mga posibleng gawin ng husband?

file the annulment with a judge who can easily grant it.

[teng galing]

If ganun po ba, di n malalaman ng wife n ngfile ang husband? And if may final na di na po pede i contest? Yung financial assistance po ng child pede png i demand ?no means kc ang mother to support financially, child is in high school