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Into Your Heart => Love Talk => Topic started by: comran on November 08, 2009, 02:15:15 AM

Title: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 08, 2009, 02:15:15 AM
I am sure this issue has lingered on so many people's minds! I will share my piece as soon as I get some of yours!

 :-* Muahhhhhhh!  :-*  :-*
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Lorenzo on November 08, 2009, 04:02:49 AM
Sure there should. If both parties are willing, and both cannot cooperate anymore and union is beyond repair and spiritual remedy. Go for it.

Evade abuse.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 08, 2009, 12:45:31 PM
I believe there should be divorce in the Philippines.  I have noticed that when the men (husbands) leaves their family, the burden of raising the children is almost always left to the wife while the husband starts over again with someone else.  The legal separation does not give enough equity on the part of the women in the Philippines and I find that outrageous.  Women (wives) are left to mend their broken heart and try to find ways to make ends meet.  Women are often times left at a loss - financially, emotionally, etc.

Ciao
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 on November 08, 2009, 01:49:50 PM
carmen, if that is the case, wouldn't it possible to amend our law on legal separation to make it favorable for both parties?
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 08, 2009, 02:03:23 PM
Glace, it is not necessary to amend legal separation.  In family law that is a separate mandate. Legal separation is merely a law that would protect both parties in regards to their assets, obligations, custody, etc. Legal separation enables both parties to divide their assets, obligations, etc. accordingly.  I believe Philippines has community property law which gives equal division of everything couples own during the time of their marriage.  When I say equally, it also would be determined by the length of their union, children, etc.

Divorce, however, would allow both parties to legally remarry.  Without divorce, both parties and most especially women are at a loss. Starting over would be very difficult.  The annulment portion is also another process especially if the couple were married in a catholic church.  Annulment takes several years..... mine took 8 yrs. This allows me to remarry in a catholic church again.

Hope this info helps a bit!

Ciao
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: hubag bohol on November 08, 2009, 02:06:08 PM
Annulment, which renders the marriage void ab initio, has been an option since 1988.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 08, 2009, 02:27:59 PM
Unfortunately, most people that are legally separated in the Philippines does not meet the legal requirements for their marriage to be annulled.  There are also two kinds of annullment, one from the Philippines law and the other from the Roman Catholic Church law.

The divorce, I believe, is the ultimate mandate for legally separate couples who are anticipating getting married once again.

Ciao
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: hubag bohol on November 08, 2009, 02:53:33 PM

Since 1988, there have been thousands of Philippine couples whose marriages were annulled by Philippine courts; most of them (both husbands and wives) have since remarried.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 08, 2009, 03:01:48 PM
Nevertheless, just "irreconcilable differences" alone does not meet the legal requirements under Philippines law.  Divorce law does!

Ciao
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:06:22 PM
SHOULD THERE BE DIVORCE IN THE PHILIPPINES?

nganong kinahanglan man ang  divorce?
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: ms da binsi on November 08, 2009, 03:09:58 PM


para nimo Dave dili kay nag convert man ka pagka HAJI! ahhaha!
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:10:45 PM

hahaha.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: ms da binsi on November 08, 2009, 03:12:00 PM
K T W R B K!!! M R M JUD K!!!
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:13:25 PM
K T W R B K!!! M R M JUD K!!![/move]

tak-om ra ko
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:15:16 PM
SHOULD THERE BE DIVORCE IN THE PHILIPPINES?

sabot-sabotan nalng gud.hahaha
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: hubag bohol on November 08, 2009, 03:17:58 PM

On the contrary, Philippine civil law is no different from canon law in recognizing "psychological incapacity" as a basis for annulment. As things have happened in the Philippines, this has been quite easy to prove.

During the first few years of the law, hundreds of annulments were promulgated monthly such that the Supreme Court gave instructions to the lower courts to exercise greater prudence in giving due course to petitions. 
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: AsPo on November 08, 2009, 03:21:43 PM

sakto ka vits
sabotsabotan lang dang inom inom
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:23:05 PM

aw oo.pwede pud naa pulutan
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: AsPo on November 08, 2009, 03:25:31 PM
 

magpaulutan og butete,aron mangahilo,di divorce na dajon
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:27:35 PM

hahaha.byuda o byuda dajon wa na kinahanglan ang divorce meow
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: tohnichi007 on November 08, 2009, 03:28:24 PM
There should be ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: hubag bohol on November 08, 2009, 03:29:15 PM

Basta ako dili ko mounag hungit sa butete. ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:30:24 PM

kung magdivorce man di nalng magpasakal aw pakasal diay
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: AsPo on November 08, 2009, 03:30:44 PM


ang ugangan paonhon og hungit?
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:31:09 PM

di pud ko mokaon kay known na makahilo ang butete.si meow ang paunhon bai himoong tester.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:31:40 PM

ikaw nalgn gud ajaw na kauwaw meow
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: AsPo on November 08, 2009, 03:33:20 PM
[quote author=Vito Andoline link=topic=23594.msg304946#msg304946 date=1257665500]
ikaw nalgn gud ajaw na kauwaw meow
[/quo


oi ngano ng ako,nga dili man ko makig divorce sa ako my love.wa poy ugangan pakan on kay dedbol na
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: hubag bohol on November 08, 2009, 03:42:55 PM
Bwahaha. Morag dali rang wa magkasinabot si Day Cat ug si Bay Vits. Pabor seguro sa divorce ning duha, ay. ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:49:48 PM
ikaw nalgn gud ajaw na kauwaw meow
[/quo


oi ngano ng ako,nga dili man ko makig divorce sa ako my love.wa poy ugangan pakan on kay dedbol na


hahaha.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 03:50:25 PM

di nalng gud mag divorce.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: jorgeanna on November 08, 2009, 05:09:43 PM
Divorce is not an option. Before you plunge into marriage, you have to make sure you are ready, emotionally, financially, mentally, physically, tanan nga naay ally.... this is the reason why nag-live in sa mi sa akong bana for 5 years even if diha nami 2 ka anak, kay we both truly believe nga we can have 100 bfs/gfs but only one wife/hubby in a lifetime...
this belief has nothing to do with any religious aspects salabi nga we are not religious people but for reasons which nobody might not understand
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 05:15:45 PM
ang tubag nganong me enter?hahaha
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 08, 2009, 05:57:14 PM
The only constant in this world is change itself. So it is inevitable that ALL of us change one way or another. Couples get married because they love each other and there is always that thought it will last forever. WE ALL change and that is something no one can deny. Couples stay married for varied reasons and the greatest of all would be love, children, compatibility, emotional and financial security, status, etc. When couples change parallel with each other during their union, they stay together. However, when couples change in different directions that is when it crumbles. NO ONE intends to be divorced when they get married but things change and people chnage - that is why we get divorced. It is better to be away from each other than to stay miserably with someone.

It is pretty naive to think and/or believe that couples do not change throughout the course of their union. That is just absolutely a lie!
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 06:04:07 PM
ingon ani diay ang mga panghitabo 
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: mistyeyed on November 08, 2009, 08:51:51 PM
Ug dili na jud mag ibot ug magkasinabot hala ipa hulbot aron malagpot ug mo tapot sa laing kibot, kaysa mag-antos hangtod ma tiguls. ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 08, 2009, 08:56:21 PM

hahahah.kanta nalng gud ug tell me where it hurts oh baby..
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: bugsay on November 08, 2009, 09:39:02 PM

 ???!
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 on November 08, 2009, 10:21:48 PM
Annulment in the Philippines (googled)

Q: What documents do I need to start the case for Annulment of Marriage?

A: You will have to obtain the following documents:

a) An authenticated copy of your marriage certificate; and
B) An authenticated copy of the birth certificate/s of your children (if any) from the National Statistics Office (NSO)

Q: Both my husband and I are Filipino citizens living overseas. Can we file for an annulment in the Philippines?

A: Yes, the rules of court now allow for non-resident Filipinos to file petitions of annulment of marriage in the Philippines.

Q: What is the best city in the Philippines for me to file my petition of annulment?

A: You, as the petitioner have the choice to file in the Family Court of the province or city where you or your husband/wife has been residing for at least 6 months prior to the of filing of the petition, or in the case of a non-resident respondent, where he/she may be found in the Philippines.

Q: Do we need to go back to the Philippines to proceed with an annulment of marriage case?

A: Yes, you will have to come to the Philippines. You will have to appear at least twice in court once for the Pre-trial and once to Testify. If you do not appear in court your petition will be dismissed. You can be excused from appearing at the pre-trial for valid reasons such as illness.

Some Judges allow the non- appearance of the Petitioner in cases of Annulment of Marriage where the ground cited is Bigamous Marriage under Article 35 of the Family Code of the Philippines.

Q: How long does it take to get an annulment?

A: If the proceedings go smoothly, at least 6 months but there is no guarantee to that. There are factors that need to be taken into consideration that could delay the procedure such as but not limited to court-sanctioned postponement of hearings, and justifiable absences of State Prosecutor, if any.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: david on November 08, 2009, 10:26:25 PM
tama ra man nga dunay divorce ang pinas, wa man siguroy mawa og madugang sa imong pagkatawo ug dunay divorce sa atoa, og  ngano man pod mang mag antos sa pag ipon og wa na magka sinabot
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 on November 08, 2009, 10:33:01 PM
mao lagi nang naay annulment...para pwede sila magkaminyo-ay inig human og bugto sa ilang kamiyoon.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: david 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
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 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.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: david on November 08, 2009, 10:40:13 PM
binisay-a kono para ahong masabtan
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 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.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: david 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
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 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.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 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]
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: david 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
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: lindy 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]
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: ms da binsi on November 09, 2009, 02:32:53 AM


aha!!!!
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 on November 09, 2009, 06:27:12 AM

@ nong lindy: silingan ra ta nong.

@mdb: dungog kaayo nako imong AHA!!! hahahahha
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: janjan 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?
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 on November 09, 2009, 06:38:17 AM

TB-TB ra jud ko maayo, jan. hehe
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: janjan 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
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: ms da binsi on November 09, 2009, 07:21:37 AM



Grrrr! waahahhaha!
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 09, 2009, 08:06:57 AM
Oh my goodness Glace! Pretty similar in the US.
Which part of Canada you live Glace?

Ciao
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Raquelproud boholana 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.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: hubag bohol on November 09, 2009, 09:01:13 AM

Bay Glace, morag kinahanglan nang mogawas ka sa imong self-imposed isolation ani, bwahaha. ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: fdaray 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.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: AsPo on November 09, 2009, 12:39:04 PM
 dili nalang pakasal.para pag dili magkasinabot,arya bisita ,way daghang koskos balungos.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: mistyeyed on November 09, 2009, 01:24:13 PM









Hahaha.Kantahan ug isang linggong pag-ibig nalang.unya sumpayan dayon ug please release me.. ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: taga tigbao on November 09, 2009, 03:03:02 PM
Nah. ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Chongki on November 09, 2009, 03:28:45 PM
para nako dili na kinhalan ang divorce dire sa pinas kay naay churrch annulment na man :)
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: taga tigbao on November 09, 2009, 03:30:50 PM

Agree ko Bay Nats. ;D
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: bugsay on November 09, 2009, 04:13:09 PM

para sa kwartahan lang ning annulment kay naay ikabayad sa pagproseso.....kasagaran magsinabtanay nalang, legal separation...or unsa pa na diha nga wa kaayoy gasto.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 09, 2009, 04:23:59 PM

nganong magpaanul pa man , padayon nalng  gud kung unsa ang nasudlan wa lay buwagay.hahah
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Chongki on November 09, 2009, 05:15:55 PM

agree.....tinuod gyud nu bay bugs....wa pay hago :)
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: hubag bohol on November 09, 2009, 05:24:43 PM

Mao tuod ni ang nahitabo kon way ikagasto. Labi na kon ang duha naa nay ilang tagsa-tagsa ka laing pamilya.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: bugsay on November 09, 2009, 05:29:26 PM

naa ko'y ig-agaw bai(s), naminyo sa among silingan, nya nilangyaw sa laing nasod kay nanimpalad gibiyaan ang asawa ug duha ka anak...haskang ka bugoy kay naminyo ug lain...gikasal pa gyud..

karon, nahibaw-an sa unang asawa nya gusto ug kulbanay sa kaldero tungod sa kauwaw ug kalagot, pero gitambagan nalang tawon sa mga igsoon nga pasagdan nalang kay mag-unsa man iyang mga anak kon ipapreso niya ang iyang bana..
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 09, 2009, 05:38:52 PM

hahaha .pwede ra man siguro bai kay laing nasod namn ka. gawas kung muuli ka sa pinas kung ikaw ra  ok ra pud  kung kuyog ang  asawa  kana mao ang problema.
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: Vito Andoline on November 09, 2009, 05:40:15 PM
pwede gani ka magpakasal kung asa ka nasod makaadto pero ang inyong kasal valid lang pud sa nasod na inyong gipuy-an.kung lima ka nasod imong  adtoan  pwede sad ka maminyo ug kalima.hahaha
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: bugsay on November 09, 2009, 06:19:05 PM

dili sa laing nasud naminyo, sa Cebu ra sab,....pagka krokongho gyud..
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: glacier_71 on November 10, 2009, 12:40:23 AM

wa koy purol, uwaw igawas...hahahaha


bisan girlish ko jan, hilig ra ba gihapon ko manggakos og baje. hahahahha


arrrfff!!! aarrrrfff!!! hahahaha
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: comran on November 10, 2009, 04:35:21 AM
Glace sorry to ask....are you a male or female? Just curious! Please dont be offended, ok!

Ciao  :-*
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: lgbluer on March 10, 2010, 08:36:30 AM
i will say no.....period!
Title: Re: SHOULD THERE BE DIVORCE IN THE PHILIPPINES?
Post by: fdaray on March 10, 2010, 08:54:54 AM
Based on our Constitution, there is no divorce.
Only legal separation is allowed
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