Annullment thread 3

[rochelle1025]

I'm surprised with the horror stories here about disappearing lawyers. Nameet ninyo ba and ininterview yung mga lawyers before you hired them?

Am going through an annulment myself and I interviewed at least three lawyers before I finally chose one. I also consulted a friend who used to be a family court lawyer and pinacheck ko pa sa kanya yung terms of agreement na binigay sa akin nung lawyer na pinili ko.

Choosing a lawyer is very important in your annulment. Hindi puwedeng porke't recommended lang eh yun na ang pipiliin ninyo. You have to do your own research and you have to interview the lawyer. Some lawyers kasi would keep on agreeing with what you said lang para makakuha ng client.

That's why I chose my lawyer din kasi he was honest sa first meeting pa lang if interesado siya sa case or feeling nya wala naman palang grounds. Hindi din siya takot tanggihan yung isang case lalo na kung alam niyang mahina (he did this to my friend). This tells me na he's not after the money lang.

And when I got my lawyer, meron talaga kaming pinirmahan to outline ano yung covered ng agreement namin at ano yung payment terms. Malinis lahat at documented.

So far, I'm done with all the psychological tests and inaantay na lang namin yung report ng psychologist. The psychologist (if your ground is psychological incapacity) is also very important because the report will be the basis of the petition.

Hindi ako nagpa-package kuno. What I paid my lawyer is yung sa kanya lang. Iba yung money that I paid for the psychologist. Ayaw din ng lawyer ko na package kasi mas complicated yun. Even the filing fees, etc are not included in the contract between my lawyer and me.

I also don't mind na ganun ang arrangement namin kasi ibig sabihin, alam ko kung saan napupunta yung mga nilalabas kong pera. At hindi money-down-everything kasi magbabayad lang ako kung kailangan.

So far, I'm happy with my lawyer. Parang barkada ko lang sya. He updates me every so often and tulungan kaming dalawa. Lagi din niya ako nireremind na ayusin ko yung mga documentations para may fool-proof case ako against my ex. And lagi nya sinasabi na partner kami dito sa case. I do my part and he does his part.

[fibia]

^sis can you refer me to your lawyer? san ang location nya?

[glysolid_clarins]

hi mga sis.yong pinsan ko may dumating na letter sa annulment niya sabi not any of the foregoing is ground to declare the marriage null and void, albeit most are grounds for legal separation..ano kayang mangyayari sa case nya?ang tagal pa naman niya hinintay sobrang busy ng judge..iyak nga sya ng iyak..di pa niya nakakausap ulet atty nya..ang problema buntis siya ngayon dahil gusto na nya magkaanak sila ng bf nya.dahil hinahabol nya edad nya..

[jojo2978]

^^^meaning, dismiss ang petition that she filed.

[blue_sky]

Mga sis, last update ng attorney ko is that we're waiting daw for OSG appearance to schedule a hearing. what does this mean? Gaano kayo katagal before nagkaroon ng hearing? It's mga 4months na kasi since waiting kasi wala daw slots for hearing and when I agreed to pay extra for the non-apearance, waiting for OSG na yung status. I don't know what it means. I'll appreciate any reply po. Thanks

[queenamina]

been separated for 3 years now and i'm thinking of filing for annulment next year .. couple of questions lang

* paano isettle yung properties? paguusapan ba ito sa annulment?
* [textspeak!] ang repercussions kung ikaw ang psychologically incapacitated? will this affect your life? or parang nakarecord na ito sa iyo?
kasi my ex-husband is asking about this since siya ang magiging psychologically incapacitated..

TIA!

Hi sis Ayrise,

Yes kasama yung property settlement sa nullity case. Kasi sa Petition pa lang nakalista na yung properties ninyo together. Please note that the value of the properties listed in the petition will affect your filing fees. The higher the value of the properties, the higher the filing fees. If you have kids, custody will also be included in the nullity case. During this time, pwede naman  magkaron ng support pendente lite so even if wala pang decision, the kid can already get support from the parents.

With regard to psychological incapacity, wala naman effect yan. Family case naman to not criminal so hindi naman siya magiging res judicata or magiging public record. You also have to remember na psychological incapacity can also be on a case to case basis meaning psychologically incapacitated ka with one person but not with another. Family cases are treated confidentially so your husband doesn't need to worry.

Sa oras naman that it will take, this will depend if the nullity proceedings will be contested or not. If hindi na magcocontest yung isang spouse, normally 1 to 1.5 years lang kailangan. Otherwise, it will take longer.

Just a minor thing pala, declaration of absolute nullity of void marriage  is different from annulment. The grounds used are different. Family law is my forte but I transitioned na to corporate law. I can still refer you to my previous firm or to friends who may be able to accommodate you. My previous firm handles a lot of nullity and annulment/family law cases. In fact my previous firm handled the nullity of Ruffa Guttierrez.

[joc1128]

hi. i dont remember if nakapag comment na ako sa thread na ito. but you could give your two cents re my
case. i recently learned from somebody who is kinda familiar with laws re annullment na easier daw to annull
ang marriage ko. i was separated for more than 3yrs now bec of domestic violence. pero hindi lang pala iyon
ang pwede ko i file. we got married sa house lang. "non appearance" ang tawag ng cousin ng ex ko who fixed
the docs, he was working sa qc hall that time. he just brought the docs to us with infos like date of marriage,
church,name of priest and my address and all we had to do was sign it. we were married like that.
my friend said na if walang priest or judge who was present, it is not valid. Is this true?

[mamitzie]

hi. i dont remember if nakapag comment na ako sa thread na ito. but you could give your two cents re my
case. i recently learned from somebody who is kinda familiar with laws re annullment na easier daw to annull
ang marriage ko. i was separated for more than 3yrs now bec of domestic violence. pero hindi lang pala iyon
ang pwede ko i file. we got married sa house lang. "non appearance" ang tawag ng cousin ng ex ko who fixed
the docs, he was working sa qc hall that time. he just brought the docs to us with infos like date of marriage,
church,name of priest and my address and all we had to do was sign it. we were married like that.
my friend said na if walang priest or judge who was present, it is not valid. Is this true?

sa pagkakaalam ko po, yung physical violence ay kasama sa grounds for legal separation. tapos yung sa kung yung solemnizing officer naman ay walang authority na magkasal, yun po yung kasama sa grounds for annulment.

[maribel]

I am returning Gtalker member since 2006 and that time di p kami separate ni ex-husband
As to date after 14 years and 5 years separation we finally come to an agreement
nag sign na siya ng summon from sherriff and waiting na ko ng first trial namin

We paid for a package trial from a 3rd degree cousin na former JAG lawyer from controversial Magdalo case nila Sen. Trillanes 

They advise us to use City na madali ang approval ng annulment since we both agree for it and hopefully 6 to 8 months from now legally free na ako.

I'll keep you all posted with my annulment case..

[jojo2978]

^^^Goodluck, Sis..

[miga1746]

email nymex17@gmail.com, I can refer good and affordable lawyer for your annulment

[maribel]

Good luck s mga ongoing ang annulment! mine is now on it's first month hopefully ma release before my bday ng march 2014 ang nullity of marriage.

[rochelle1025]

I am returning Gtalker member since 2006 and that time di p kami separate ni ex-husband
As to date after 14 years and 5 years separation we finally come to an agreement
nag sign na siya ng summon from sherriff and waiting na ko ng first trial namin

We paid for a package trial from a 3rd degree cousin na former JAG lawyer from controversial Magdalo case nila Sen. Trillanes 

They advise us to use City na madali ang approval ng annulment since we both agree for it and hopefully 6 to 8 months from now legally free na ako.

I'll keep you all posted with my annulment case..

Ingat ka. Mainit sa mata ng OSG ang mga cities na mabilis magbigay ng annulment like Cavite.

[DianeShishio]

Commenting to follow thread. :3

BF and I are currently trying to build an annulment fund. He's been married for 11-12 years but separated for almost 8 years. The children are in his care and only tuition expenses are subsidized by the wife.

We haven't consulted a lawyer yet and we plan to build up the war chest muna.
 

[cjwen]

Hi mga sisses... Joining this thread to ask about my case.  My bf and I were together for 7 years then we got married.  But we separated after 1 year and 2 months (I KNOW! Hahaha).  Were seperated for almost 5 years now and with no communications at all.  The last time we talked was May 2010.  And recently I found out that he has kids already (twins).  I found him in facebook and the mother of her kids, maybe common-law wife as well.  She is using my ex-husband's surname in her facebook.

What ground should I use kaya? We have no history of violence, infidelity and other common reasons.  We have no kids and properties under our names.  Will our case be easier since there are no kids and properties involved or these don't matter.

Thanks in advance.

[negopinay]

Hi Sis Rochelle 1025,

Favor pls if possible can help me pm your lawyer contact details.

thanks

[freeswan]

My lawyer messaged me today and said na sa monday or Tuesday lalabas na yung decision ng judge. Actually dapat nga January 28 daw yung deadline pero may backlog sa korte kaya natagalan. Wish me luck mga sis. Nga pala, my lawyer said after we get the decision, isusubmit pa sa OSG yung decision and after 30 days from the receipt of the decision, saka pa daw mag issue ng certificate of finality yung korte. So a month pa? Anyone here who experienced actually waiting for a month to get the certificate of finality?

[jojo2978]

It is possible Sis na a month pa. Then after that baka mga ganoon din katagal sa LCR depende saang lugar then sa NSO naman after medyo mabilis na.

[freeswan]

^ thanks sis. although I read some forums na pag ikaw mismo nag asikaso ng pag update sa Registry and sa Family court, mas mabilis siya. I messaged my lawyer again last night asking for the the Decree of Absolute Nullity of Marriage, she said, court din daw magbigay kasabay ng Certificate of Finality. I don't know if she can make it possible kasi ang alam ko ang Decree ibibigay lang yan pag acknowledged na ng court that I have updated my records sa city registry and family court and sa NSO.

[jojo2978]

You have to trust your lawyer, Sis.