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david

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #40 on: November 08, 2009, 10:35:11 PM »
unsa may naka deperensya sa annulment og divorce ngutana kay medyo hinay lang ang operation sa ahong ininglis
hmmmmm

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #41 on: November 08, 2009, 10:38:29 PM »
The following legal requirements are necessary to file for divorce in most states:

   1. Residency: The spouse filing for divorce must have resided in the state and county for a certain period. Six months is a common state requirement, and three months is typical at the county level.

   2. Waiting Period: Most states have a mandatory waiting period from the filing to the finalization of a divorce. In other words, you cannot file and finalize a divorce on the same day. The average waiting period is 6 months but can be anywhere from 0 to 12 months. After the waiting period, the divorce is finalized and both parties are free to remarry.

   3. Legal Grounds: States generally recognize two legal grounds for divorce: (1) irreconcilable differences and (2) separation. "Irreconcilable differences" simply means there are marital difficulties that cannot be reconciled and have led to the permanent breakdown of the marriage.

   4. Jurisdictional Requirement: An action for divorce must be filed with the proper court. The appropriate court is typically in the county where either the wife or husband has resided for at least 3-6 months prior to filing for divorce.
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david

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #42 on: November 08, 2009, 10:40:13 PM »
binisay-a kono para ahong masabtan

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #43 on: November 08, 2009, 10:41:37 PM »
para nako lang, dav, mas minimal ang requirements kung divorce kay sa annulment. ug magdepende pod nas nasud.

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #44 on: November 08, 2009, 10:45:43 PM »
sa ahong pag sabot bai 'glac ang divorce ug annulment parihas ra ang naka deperensya lang ang requirments

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #45 on: November 08, 2009, 10:45:45 PM »

hahaha kabuntagan ta og translate ani bay dave. di pod ko eksperto aning balaod mao nga i refrain to translate because some terms are very technical, to which our binol-anon may have no exact translation and meaning.

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #46 on: November 08, 2009, 10:50:39 PM »

yup. sa Canada, naay annulment ug naa poy divorce.

ako lang i-post diri, for info purposes:

Requirements for Divorce and Annulment

Script 120 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What are the grounds for getting a divorce?
The Divorce Act applies to all divorces in Canada. This law states that marriage breakdown is the only reason or “ground” for a divorce.

There are two legal reasons for marriage breakdown. They are:

    * The separation of the husband and wife for at least one year
    * A “marital offence” by the husband or wife

The two “marital offences” recognized by the Divorce Act are:

    * adultery
    * physical or mental cruelty

What does it mean to be separated for a year?

A separation where you live “separate and apart” from your spouse for one year is enough of a marriage breakdown to apply for a divorce. That usually means living in separate places. But some couples will continue to live in the same house and still be able to show they were living “separate and apart.” A lawyer can advise you if this is your situation.

When does the one-year period of separation start?
The time for the start of a separation is usually when you tell your spouse you want to separate. Your spouse doesn’t even have to agree to the separation. The only issue is whether you want to separate.

What if you reconcile for a short time?
A husband and wife who have separated can get back together or “reconcile” to try to make the marriage work again. But within the one-year separation period, they can only be back together for a total of 90 days or less. Then, if the reconciliation doesn’t work out, they can continue to count the one-year period starting from the date of the original separation. But if they stay together for more than 90 days, they have to start counting the one year again.

Also, if a couple continues to have sexual relations while separated, that doesn’t necessarily mean they intend to reconcile or get back together. This is a tricky point, however, and you would have to discuss it with your lawyer.

When can you get the divorce papers started?
You can start the paperwork the day you decide to separate and have the divorce papers “served” on or delivered to your spouse. If he or she is heading out of the province and could be hard to find at the end of the one-year period, it would be useful to start the divorce process as soon as possible.

What is a “desk order” divorce?

Once the year of separation is over, the spouse asking for the divorce can often get what is called a “desk order” divorce. This means that you don’t have to appear in court and give evidence. You simply sign a sworn statement called an “affidavit,” which contains all the necessary information. If you have children, however, more documents must be given to the court.

What about adultery?

Adultery, which is one of the two marital offences, happens when the husband or wife willingly has sexual intercourse with someone else – even if this happens after the husband and wife have separated.

Adultery is usually proved by having the spouse who did it admit that fact. He or she can admit this in an affidavit or another kind of sworn statement called “interrogatories,” or by testifying in court or at “examinations for discovery.” If your spouse won’t admit to the adultery, then you have to prove it some other way, for example, by having other witnesses testify that they actually know the adultery occurred.

What about cruelty?

The other marital offence is cruelty, which can be either physical or mental. You have to prove that your spouse’s behaviour toward you made it unbearable or intolerable for you to go on living together. Mental cruelty is more difficult to prove than physical cruelty. Unless it’s an extreme case, you’ll probably need a lawyer’s opinion to see if you have enough evidence for mental cruelty.

Can you get “damages” if you prove a marital offence?

Some people think they can get money called “damages” if they prove a marital offence. But damages are difficult to get, except in the case of violence, and your legal fees to pursue damages might be more than the money awarded to you.

What is the best way to proceed?
Because you can get a divorce based on a one-year separation without any other reason, a lot of people prefer to avoid the problem of trying to prove adultery or cruelty – even if adultery or cruelty has occurred – and just proceed on the one-year separation.

If you do decide to proceed on adultery or cruelty, be aware that your legal costs will be higher. Also, your spouse might fight the divorce, claiming there was no adultery or cruelty. If that happens, it might take longer than one year to get a divorce. Also, after one year has passed, your spouse can get the divorce anyway based simply on the one-year separation.

Are there reasons why a judge won’t grant a divorce?

Yes, they are:

    * collusion
    * connivance
    * condonation
    * insufficient child support

What do collusion, connivance and condonation mean?
Collusion is when you lie to the court, either in an affidavit or through your testimony. An example is if a couple agrees that the husband will lie about adultery that never happened to speed up the divorce.

Connivance is when one of you encourages the other one to commit a marital offence so you can get a divorce. This is a rare occurrence.

Condonation is when you have forgiven your spouse for committing adultery or being cruel. Say that a husband learns his wife has committed adultery but decides to forget about it, and continues to have sexual relations with her. He may have forgiven her in a legal sense and be unable to get a divorce based on that adultery.

What about insufficient child support?

Before granting a divorce, the judge must be satisfied that appropriate arrangements have been made for the financial support of the children. Refer to script 117 on “Child Support” for more information on this.

What is annulment?
A divorce is the proceeding you take to end a valid marriage. Annulment is the proceeding you take to end an invalid marriage. For example, a marriage might be invalid if one spouse was already married when he or she married the other, or if the husband or wife was under the age of 16. Sometimes, the financial consequences are different if the marriage is ended by annulment rather than by divorce.

If you were married outside of Canada, you should know that the question of whether a marriage is valid is determined by the laws of the place where the marriage occurred. So if the marriage was valid in your country, it will generally be considered valid here in BC too. To get a legal annulment, you have to go to court, but you’ll need a lawyer to help you.

Some religions also grant an annulment. These annulments are valid within that religion but are not legally binding. Speak to your religious advisor or leader about this.

Summary
To get a divorce, you must prove a marriage breakdown. This can be separation for one year, or the marital offence of adultery or cruelty. Collusion, connivance and/or condonation may prevent the divorce from being granted. In all cases, before granting a divorce, the judge must be satisfied that appropriate support arrangements have been made for the children. If the marriage was invalid, an annulment may be granted.

[updated October 2009]

david

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #47 on: November 08, 2009, 10:56:58 PM »
ok bai glac' dia pod ko diri sa nasod nga daghan balaod nga legal nga imposibling ma legal sa laing nasod

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #48 on: November 09, 2009, 01:30:05 AM »

naa ra diay ka sa BC glace.

Requirements for Divorce and Annulment
[/b]
Script 120 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

What are the grounds for getting a divorce?
The Divorce Act applies to all divorces in Canada. This law states that marriage breakdown is the only reason or “ground” for a divorce.

There are two legal reasons for marriage breakdown. They are:

    * The separation of the husband and wife for at least one year
    * A “marital offence” by the husband or wife

The two “marital offences” recognized by the Divorce Act are:

    * adultery
    * physical or mental cruelty

What does it mean to be separated for a year?

A separation where you live “separate and apart” from your spouse for one year is enough of a marriage breakdown to apply for a divorce. That usually means living in separate places. But some couples will continue to live in the same house and still be able to show they were living “separate and apart.” A lawyer can advise you if this is your situation.

When does the one-year period of separation start?
The time for the start of a separation is usually when you tell your spouse you want to separate. Your spouse doesn’t even have to agree to the separation. The only issue is whether you want to separate.

What if you reconcile for a short time?
A husband and wife who have separated can get back together or “reconcile” to try to make the marriage work again. But within the one-year separation period, they can only be back together for a total of 90 days or less. Then, if the reconciliation doesn’t work out, they can continue to count the one-year period starting from the date of the original separation. But if they stay together for more than 90 days, they have to start counting the one year again.

Also, if a couple continues to have sexual relations while separated, that doesn’t necessarily mean they intend to reconcile or get back together. This is a tricky point, however, and you would have to discuss it with your lawyer.

When can you get the divorce papers started?
You can start the paperwork the day you decide to separate and have the divorce papers “served” on or delivered to your spouse. If he or she is heading out of the province and could be hard to find at the end of the one-year period, it would be useful to start the divorce process as soon as possible.

What is a “desk order” divorce?

Once the year of separation is over, the spouse asking for the divorce can often get what is called a “desk order” divorce. This means that you don’t have to appear in court and give evidence. You simply sign a sworn statement called an “affidavit,” which contains all the necessary information. If you have children, however, more documents must be given to the court.

What about adultery?

Adultery, which is one of the two marital offences, happens when the husband or wife willingly has sexual intercourse with someone else – even if this happens after the husband and wife have separated.

Adultery is usually proved by having the spouse who did it admit that fact. He or she can admit this in an affidavit or another kind of sworn statement called “interrogatories,” or by testifying in court or at “examinations for discovery.” If your spouse won’t admit to the adultery, then you have to prove it some other way, for example, by having other witnesses testify that they actually know the adultery occurred.

What about cruelty?

The other marital offence is cruelty, which can be either physical or mental. You have to prove that your spouse’s behaviour toward you made it unbearable or intolerable for you to go on living together. Mental cruelty is more difficult to prove than physical cruelty. Unless it’s an extreme case, you’ll probably need a lawyer’s opinion to see if you have enough evidence for mental cruelty.

Can you get “damages” if you prove a marital offence?

Some people think they can get money called “damages” if they prove a marital offence. But damages are difficult to get, except in the case of violence, and your legal fees to pursue damages might be more than the money awarded to you.

What is the best way to proceed?
Because you can get a divorce based on a one-year separation without any other reason, a lot of people prefer to avoid the problem of trying to prove adultery or cruelty – even if adultery or cruelty has occurred – and just proceed on the one-year separation.

If you do decide to proceed on adultery or cruelty, be aware that your legal costs will be higher. Also, your spouse might fight the divorce, claiming there was no adultery or cruelty. If that happens, it might take longer than one year to get a divorce. Also, after one year has passed, your spouse can get the divorce anyway based simply on the one-year separation.

Are there reasons why a judge won’t grant a divorce?

Yes, they are:

    * collusion
    * connivance
    * condonation
    * insufficient child support

What do collusion, connivance and condonation mean?
Collusion is when you lie to the court, either in an affidavit or through your testimony. An example is if a couple agrees that the husband will lie about adultery that never happened to speed up the divorce.

Connivance is when one of you encourages the other one to commit a marital offence so you can get a divorce. This is a rare occurrence.

Condonation is when you have forgiven your spouse for committing adultery or being cruel. Say that a husband learns his wife has committed adultery but decides to forget about it, and continues to have sexual relations with her. He may have forgiven her in a legal sense and be unable to get a divorce based on that adultery.

What about insufficient child support?

Before granting a divorce, the judge must be satisfied that appropriate arrangements have been made for the financial support of the children. Refer to script 117 on “Child Support” for more information on this.

What is annulment?
A divorce is the proceeding you take to end a valid marriage. Annulment is the proceeding you take to end an invalid marriage. For example, a marriage might be invalid if one spouse was already married when he or she married the other, or if the husband or wife was under the age of 16. Sometimes, the financial consequences are different if the marriage is ended by annulment rather than by divorce.

If you were married outside of Canada, you should know that the question of whether a marriage is valid is determined by the laws of the place where the marriage occurred. So if the marriage was valid in your country, it will generally be considered valid here in BC too. To get a legal annulment, you have to go to court, but you’ll need a lawyer to help you.

Some religions also grant an annulment. These annulments are valid within that religion but are not legally binding. Speak to your religious advisor or leader about this.

Summary
To get a divorce, you must prove a marriage breakdown. This can be separation for one year, or the marital offence of adultery or cruelty. Collusion, connivance and/or condonation may prevent the divorce from being granted. In all cases, before granting a divorce, the judge must be satisfied that appropriate support arrangements have been made for the children. If the marriage was invalid, an annulment may be granted.

[updated October 2009]
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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #49 on: November 09, 2009, 02:32:53 AM »


aha!!!!
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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #50 on: November 09, 2009, 06:27:12 AM »

@ nong lindy: silingan ra ta nong.

@mdb: dungog kaayo nako imong AHA!!! hahahahha

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #51 on: November 09, 2009, 06:33:01 AM »



silingan ra di ay pud  ta glace why man wa ka mo apil sa among EB-EB?
a smile is something we all own,but very few share it with others

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #52 on: November 09, 2009, 06:38:17 AM »

TB-TB ra jud ko maayo, jan. hehe

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #53 on: November 09, 2009, 07:09:22 AM »

ay EB-EB unta pud glace para daghan ta bibo mahadlok ka makit-an imo ka gwapo or ka gwapa ba hehehe i still think your a girlash hahaha

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #54 on: November 09, 2009, 07:21:37 AM »



Grrrr! waahahhaha!

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #55 on: November 09, 2009, 08:06:57 AM »
Oh my goodness Glace! Pretty similar in the US.
Which part of Canada you live Glace?

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #56 on: November 09, 2009, 08:41:42 AM »
Yes basta tanan pud daghan sapi na. Lawyer ray mabulahan pag ayo aning divorce. Magbuwag na raman gud sa maayong sabot . Basta kining mga lawyer ray makasapi ani.
Murag mas cheaper siguro tong alternative sa Divorce.
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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #57 on: November 09, 2009, 09:01:13 AM »

Bay Glace, morag kinahanglan nang mogawas ka sa imong self-imposed isolation ani, bwahaha. ;D
...than to speak out and remove all doubt." - Abraham Lincoln

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #58 on: November 09, 2009, 09:07:23 AM »
Yes................., Ngano man nga mag-agwanta ug ipon kon kanunay mag-away. Mag-devorse basin makakita ug lain nga maayo.
Life is what you make.
Kon naa kay gisoksok, naa kay makuot.

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Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
« Reply #59 on: November 09, 2009, 12:39:04 PM »
 dili nalang pakasal.para pag dili magkasinabot,arya bisita ,way daghang koskos balungos.
"Let thy words be few"



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