Denied Annulment

Hi and Good Day,

Nag file ako ng Annulment before, the basis is Psychological Incapacity.

Nabuntis yung asawa ko ng ibang lalake while I was in Cebu. And pagbalik ko, umalis na sya sinama nya yung anak ko and lahat ng gamit and umuwi sa kanilang bayan sa batangas. After a few months, nanganak sya so I filed for an annulment. May dalawa na syang anak ngayon and living together with the man (yung tatay nung mga anak nya ngayon).

I'm curious kasi lack of evidence daw and sabi ng judge to think na pati birth certificates ng anak nya sa ibang lalake is na provide ko and nagtugma sa statement ko yung dates ng birthday etc. Now parang ang lumalabas eh ang court dito sa amin, is itatali ka sa isang tao na hindi mo na mahal or wala ng pagasa na magkabalikan pa kayo. Now yung abogado ko (i think pera lang din habol), is nag file ng motion for reconsideration pero denied pa rin.

It's been more than 8 years since nagkausap kami ng asawa ko at nagkita. 7 Years tumagal yung annulment and laging sinasabi sa kin nung abogado ko is malakas ang laban namin but in the end NG-NGA ang inabot ko.

May alternative way ba para ma pa void ang kasal namin.

Your case can still be appealed to the Court of Appeals.

According to jurisprudence related to your case, cheating with another man is merely grounds for LEGAL SEPARATION, not ANNULMENT OF MARRIAGE. The bad side of legal separation is that the MARRIAGE WILL NOT BE DISSOLVED. You will merely be allowed to live separately but will not be allowed to remarry, in a nutshell.

Psychological Incapacity, on the other hand, must be proven with substantial evidence and NOT merely the evidences you provided. It is a STATE OF MIND, which needs the expert testimony of a licensed psychologist to testify in court that your wife is indeed incapacitated to stay in a marriage. Also, this needs proof that the psychologist performed tests towards your wife and must show the results in court. Witness testimonies are also helpful in describing the squalor you lived in with your wife.

Change your lawyer if you feel that he is not fully dedicated to your case. There are lots of lawyers in the Philippines that can help you out.

Good luck.

Hi and Thanks for the reply.

I saw some articles regarding this.

How do I change lawyer? Do I need to Get docs from my previous lawyer?

I also read about the presumptive dead. Me and my wife has not seen each other or even talk to each other for the past 8 years, and right now, I don't have the slightest idea about her whereabouts or if she is still alive or here in the country or not?

Will it prosper? the presumptive dead?

Thanks much.

Yes, you need to get your whole case file from your previous lawyer and terminate the attorney-client relationship with him.

Presumptive death may prosper if you can prove that you exerted reasonable effort in locating your wife's whereabouts. It is not just a mere say-so that you went outside of your house and went searching for her. The negative thing about this is your wife cannot remarry again in the Philippines since she will be declared "presumptively dead". If she reappears in the Philippines and wishes to remarry again, she may challenge your ruling by filing a judicial petition for reappearance, which then makes your current marriage with her valid once more and your new marriage VOID.

Present your full situation to your new lawyer and have him assess all the evidences you have on hand so that he can advise you on the best course of action.

Good luck.