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ANNULMENT 101:
Philippine Annulment Law Made Easy
LESSON VI:
SOLUTIONS FOR PETITIONERS WORKING OVERSEAS
For a start, we suggest that you read our
article regarding the step-by-step procedure for annulment of marriage.
We are sure you will find this very useful and informative.
Please see
the article here.
Q. I am planning to file an annulment case but I would like to
know if my marriage was recorded. How will I do this?
GTALAW: You can check with the Local Civil Registrar of the place
where where your marriage was solemnized. You can also go directly to
the NSO at East Avenue, Quezon City. You can also request for a copy of
your marriage contract on-line through NSO website
here.
Q. Can I file the Petition for Annulment of Marriage even
if I am working or residing overseas?
GTALAW: Yes. The New Rule allows a Petitioner who is currently
residing overseas to file the Petition in the Philippines.
Q. If this is so, how do I file the Petition?
GTALAW: As your lawyer in the Philippines, we will send you a
copy of the Petition by e-mail. You can download the Petition in word
format and print copies and sign it afterwards. After signing the
Petition, you have to have this notarized and authenticated at the
nearest Philippine Embassy in your area. After the Petition has been
authenticated, send it back to us preferably by courier for filing with
the court.
Q. Where do we file the Petition?
GTALAW: The petition shall be filed in the Family Court of the
province or city where you or your spouse has been residing for at least
six (6) months prior to the date of filing of the Petition, or in the
case of a non-resident respondent-spouse, where he/she may be found in
the Philippines. But you still have the option to file it at the place
of your residence.
Q. What if my husband is outside the country or cannot be found in
the Philippines. How do we go about it?
GTALAW: Your Petition needs to be published in the newspaper of
general circulation once a week for three consecutives weeks. This is
necessary so that the Court can acquire jurisdiction over the person of
your husband and the petition can proceed even in his absence.
Q. Do I need to come home to attend the trial?
GTALAW: Yes, you have to come home to attend the trial especially
during the pre-trial conference. Your Petition will be dismissed if you
fail to attend the pre-trial conference. However, your non-appearance
during pre-trial conference will be excused if you can give a valid
reason like sickness.
Q. What are the stages of the trial where my presence in
Court is necessary?
GTALAW: Your presence in court is absolutely necessary during
pre-trial conference and during the time when you have to give your oral
testimony. So it appears that you have to appear in Court at least
twice.
Q. It is very difficult for me to leave my work, not to
mention that it is also too expensive to come home just to attend the
hearing on my Petition. Is there a way for me not to attend the trial?
GTALAW: None. You have to attend the trial. But we can try to
schedule your testimony immediately after the pre-trial conference. This
will minimize your travel expenses because you only have to come to the
Philippines at least once.
Q. If I am the one filing the Petition, do I still need to
take a psychological test?
GTALAW: Yes, you have to take the test because the psychological
report is the very foundation of your Petition. In the psychological
test, our resident psychologist will determine the psychological
incapacities of your husband or as the case may be, your psychological
incapacities. We usually recommend that you take the test prior to the
filing of the Petition.
Q. Do I need to come home just to take the psychological
test?
GTALAW: No.You need not come home to take the test. For purpose
of filing the Petition, our resident psychologist will take your
psychological testing on-line or through the internet. You will undergo
a confirmatory test when you are already here.
Q. Is there a guarantee that my marriage will be annulled if I
file the Petition?
GTALAW: No, there is no guarantee. The success of your Petition
will always depend on the strength of evidence that we will present in
Court.
Q. How do I track down the status of my case once it is
already filed?
GTALAW: Our Firm has an
on-line client extranet.We
shall create an on-line database of your case once you become a client
of our Firm. You can track down the status of your case at our secured
extranet anytime, anywhere using your username and password. You can
also download filed copies of your Petition and other court documents in
our database.
Q. Are there any other concerns that I have to consider?
GTALAW: You have to further consider the custody and support of
your children and separation of your absolute community properties, if
any.
Q. Can I file a divorce case here in the U.S.?
GTALAW: Yes, you can but it will not be valid here in the
Philippines. Our laws do not recognize foreign divorce instituted by
Filipino citizens. You still have to file an annulment case before
Philippine courts to annul your marriage.
Q. I am an American citizen. I have an existing marriage
with a Filipina in the Philippines. I wanted to end the marriage
already. Do I need to file a Petition for Annulment before Philippine
Courts?
GTALAW: No need to file the case. You can file a Divorce in the
U.S. instead. The Divorce decree will also be recognized in the
Philippines allowing your Filipina wife to re-marry. The pertinent law
is Article 26 of the Family Code.
:: Related Topics
Lesson I: Annulment
of Marriage
Lesson II:
Declaration of Nullity of Marriage
Lesson III: Issues About Marriage License
Lesson IV: Issues About Psychological Incapacity
Lesson V: Court procedure and evidence to prove
psychological Incapacity
Lesson
VI: Solutions for Petitioners Working Overseas
Lesson VII: Issues after the issuance of
Annulment Decision
Lesson VIII: Divorce obtained by former
Filipino citizens
Lesson IX: Our Fee Structure
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