ANNULMENT CASE

pano ba ung process ng annulment case??

gano katagal??

hiwalay n ung mag asawa for 5 yrs, wal n din halos communication..

kahit san court ba pwede un I-file?

pano mapapadali ung annulment?

1. Consult a lawyer where you are. You are most probably referring to a Petition for Declaration of Nullity due to Psychological Incapacity under Art. 36. An annulment and a declaration of nullity are two very very different things.

2. Shortest I have encountered and tried was around two and a half years. Non-communication is not a ground for declaration of nullity, and neither is years apart from each other - for all intents and purposes, they are still husband and wife.

3. The rules on venue state that the petition should be filed where the petitioner or the respondent resides, at the option of the petitioner.

4. Comply with the rules.

so what are the different between annulment and declaration of nullity?

1. Property relations.
2. Status of children.
3. Prescriptive period for filing the action.

is there any reason that could make the process faster?

To make a reason up? Sadly, no. People who want their marriages declared void or annulled just have to wait their turn like everyone else.

It's not going to be faster either when the respondent does not answer because there is no default in these cases and the Solicitor General (usually, the Prosecutor is deputized) is required to investigate if there is collusion. When it is discovered that the parties are conniving to get the marriage declared void or annulled the petition is denied outright with prejudice.

so mostly, what are the reason po pra manull and void ung marriage? I mean ung usual n reason po?

Psychological incapacity under Art. 36 of the Family Code. People think this is the easiest thing to prove but I have seen a few petitions like this that are denied.

The reasons for declaring a marriage void from the beginning or valid until annulled are all in the Family Code.

I see.. thank you po.

regarding nmn po dun sa question ko sir dun sa isang test bout paternity.. favir po kung pwede pkaisagot... and.. ask ko lng.. if lawyer po ba kau? hope you wont mind that question

Yes I actually practice law. What DNA question?

wow... I actually wanted to get a law course once I settled all my expenses...
ung post ko po bout sa Paternity test... I think you answered that na my friend is selfish and downright asshole.. hahah!! well honestly,, she's near to that.. khit friend ko,, ndi ko n din gusto ginagawa nia.. ayoko lng tlg dumating ung time na balikan xa nung lalaki pag nagkataon n ndi nmn pla tlgaung guy ung tatay.

She is. That DNA test has to be undertaken at the soonest possible opportunity. It's costly, but the truth and peace of mind are priceless.

sa bagay po...

ay..pwede po ba na ung guy magbayad nung paternity? sabi kasi nung friend ko kung ndi daw aakuin nung guy at gusto ipa-paternity, ung guy din daw po magbayad.. though I think tlgang ung friend ko dpat kasi in the first place kaya ng halos pumayag n ung guy na akuin ung bata kapalit n ndi xa hihingan ng support is because he has no mean of giving it.

Well someone should pay. Even if they go to court, one of them is going to be made to pay for the test. And it's not inexpensive. To get a complete profile you need sample from three people - the child , the mother, and the putative father. Four years ago it cost around P25,000 PER PROFILE (as in per person tested). I don't know if it's cheaper or more expensive now, considering advances in technology.

so more on sino po kaya ung mas Malaki ung possibility na magbayad?

There is no usual. It's not like every day someone demands a DNA test. Haha.

But the person who has to provide proof of paternity to demand support should.

so meaning malamang sa kaibigan ko po tlg ung gumastos?

in case po na mapatunayan na HINDI ung lalaki ung tatay? makakasuhan po ba ung firend ko?

That is totally up to the person she is pestering.

ah ok po.. pero if ever po ba may case against that.. bka sakaling meorn at cnabi ko sa friend ko eh matauhan bigla, wala nmn kasi may gustong makulong.. bka kasi ending nito.,.. kulong clang dalawa at sakin mapunta ung bata.. haha

Hello, paano po malalaman if ang binigay na declaration of nullity of marriage ay valid po?

Only a court can issue a decision ordering that a marriage is null and void. If you have a copy of the decision the branch of the court which issued it will appear on there. If you want to verify then go to the court issuing thr decision and ask if the case exists if the decision was actually rendered.

After the decision reaches finality the parties are obliged to have the decree of nullity registered with the Local Civil Registrar and the PSA (formerly NSO).

hi there, sorry to butt in,,, can i ask normally how much does it cost of an annulment case until maaprove po sha? estimate lang po

The cost varies depending on a lot of factors. The lawyer's acceptance fee, the fee for the expert witness (if the ground is psychological incapacity, usually an expert witness is called to the stand who could attest to the psychological incapacity of any of the spouses), the need for summons by publication (if the respondent could not be found at the last known address), the number of hearings to pay appearance fees for, filing fees and other miscellaneous expenses.