Marriage Validation

Dear Atty.

Good evening!

I need your help para po malaman ko kung ano ang dapat kung gagawin. Noon po naririnig ko na kapag ang marriage ay umabot na ng 7 years na walang communication ang couple ay hindi na ito valid, how true it is? More than 10 years na po akong hiwalay sa asawa ko at kasal kami sa civil, wala na po akong balita sa kanya mula ng iniwan kami ng anak niya. I just want to be honest, kasi now I am very hopeless na makapag settle down kami ng fiance ko.
Atty. do you think my marriage with my ex husband is not valid anymore, because we've been not together for more than 10 years already. Your answers and advice is highly appreciated.

Thank you and Best Regards,
Evo

Hindi po totoo yun. but based on your statement, you file a petition for "Presumptive death of a spouse for subsequent marriage". (Article 41 of the Family Code)

As the law now stands, a married person must, for purposes of remarriage, file the necessary action in court and ask for a declaration of presumptive death of the “absent” spouse. The crucial differences under the Civil Code and Family Code provisions are:

1. Under the Family Code, the time required for the presumption to arise has been shortened to 4 years.

2. Under the Family Code, there is need for a judicial declaration of presumptive death to enable the spouse present to remarry.

3. Under the Family Code, a stricter standard is imposed: there must be a “well founded belief” that the absentee is already dead before a petition for declaration of presumptive death can be granted. A married person must conduct a search for his missing spouse with such diligence as to give rise to a “well-founded belief” that he/she is dead.

hindi po ba kaylangan ng death certificate if ever I will file the petition for Presumptive death of a spouse subsequent marriage? How long this procedure will be done?

Hindi kailangan ng death certificate dahil wala kang makukuhang death certificate. But you need to prove that you exerted all effort to establish communication with your spouse and have a “well-founded belief” na patay na nga ang asawa mo.

well to be honest after he run away from my Aunt because of money issue, i never try to find him or communicate with him. He abandoned his son and he destroyed my life, so I don't want to waste my effort to have a communication with hi anymore. I don't have any proof, what should I do?

evo.evelyn@gmail.com wrote:well to be honest after he run away from my Aunt because of money issue, i never try to find him or communicate with him. He abandoned his son and he destroyed my life, so I don't want to waste my effort to have a communication with hi anymore. I don't have any proof, what should I do?

Get a lawyer...   

Maraming salamat po sa time and the your advice, I was very hopeless and lost, no idea what to do, where to start, and how to start. God Bless and more power, I wish you can help more people need your advice and opinion.