Is there anybody out there that is familiar with annulments in the Phil's? My fiancée is trying to get an annulment and having a difficult time doing so. She started her annulment about a year ago and her husband has refused to sign the papers and never shows up for his court dates. I’m looking for someone that can fill me in on what we can do and what power she has to force this threw. I’m not real familiar with the annulment process and my fiancée is not ether...she just follows what her lawyer tells her. Can anybody educate me a little here on how to handle this? Is it impossible for her to get an annulment when her husband won’t sign?

Thanks

im sorry to hear that things are getting difficult for you and your fiance. I had the same situation before with my annulment but honestly if the other party wont cooporating with your fiance there is no way your girlfriend will get her annulment specially if the husband wont sign.

I think if you might find help from Gary and Lucy!

http://garyandluz.com

She can easily get a signature from her ex husband if she has proof that her husband has abandoned her or maltreat her. Police records if possible. Evidence of her ex cheating on her and stuff like that.

She has not been abused physically but mentally she defiantly has because there was a total lack of caring for her and the kids. He was just there and not part of the family. He cheated on her and that was the last straw. She found this out when she came across a letter from his lover so she left him and that was about three years ago. She has three kids and she left with the two younger ones and left the oldest with the father because that is where he wanted to stay. She didn’t want to force him to leave. Since then her husband has wanted her to come back but she does not want to go back to him...she was married for 14 years and was taken total granted of and getting nothing in return. He doesn’t really care about her....its more like he doesn’t want to loose what he owns is all. He doesn’t even care about his kids...he never calls or visits them.

She has been told by the lawyers she has talked to that she has a good case for an annulment but my lack of knowledge leaves me feeling unsure of where this is heading. I would hate to think that we are heading nowhere because she cannot be free of him!

Hopefully some of the members here that have gone through this process can help you. The way I understand what you have said, she left her husband and he did not abandoned her? She may want to go the route of his infidelities and non-support of the youngest 2 kids. Unfortunately this is a very common theme in the PI. It is a long and expensive process when everyone cooperates, be patient and good luck. Payato

I went through an annulment and my husband never cooperated. It is better to have a non-cooperative ex-husband than a spouse who fights it out in court as this can drag the case for years.

An uncooperative ex do not need to sign anything for your fiancee to get an annulment. Court papers that are served may be received and signed for by any family members who live with him. Or if they too refuse to receive the court papers, the sheriff can state "refused to receive and sign" and just leave the documents in the mailbox. After the court gives the ex ample time to file an answer or rebuttal and he does not respond, the case will be deemed ready for resolution after a period of time. Your fiancee's lawyer should have told her that an uncooperative ex is not a problem. A case can be won if one party is in default or the ex can be declared in contempt of court. There are many ways to win a case if her lawyer is smart. If the basis for annulment is psychological incapacity, a psychologist needs to interview the ex but if he refuses the interview, the psychologist can interview family members or mutual friends of the couple in lieu of the ex-husband. That's what my lawyer and psychologist did. My marriage is now annulled.

Thanks that is good news! May I ask how long your annulment took and were there kids involved?

Can you get child/spousal support with an annulment? Just curious. I imagine the annulment is due to religious reasons? Or is it easier than divorce?

There is no divorce in the Philippines

lol, ok, i had no idea.

Since I was not in a hurry then to have my marriage annulled, I let it take its normal course and it took 2 years 3 months from start to finish. Annulment in the Philippines can take anywhere from 6 months to 2 years average.

A son was involved and I asked the court for custody which was granted. If there is a child involved in your fiancee’s case, make sure that she is awarded custody otherwise, it would be very difficult to bring the child to the US with her.

IN OUR CASE RELYN AND I.....THE ANNULMENT WAS BEGUN IN JANUARY 2006. ITS PAINFULLY SLOW. THE MAN THAT RELYN MARRIED 7 YEARS AGO LEFT THEM ABOUT 6.5 YEARS AGO AND HAS NOT BEEN PART OF THE FAMILY SINCE THEN. HER SON DOESNT EVEN KNOW HIM. HE HASNT BEEN PART OF THIS PROCESS OF ANNULMENT. YES ITS POSSIBLE TO GET ANNULMENT WITHOUT SPOUSE SIGNING OFF ON IT. IN RELYNS CASE HE HASNT BEEN PART OF ANNULMENT (SIGNED OR SHOWN UP TO ANSWER PETITION OF ANNULMENT).

AS IM TYPING THIS RELYN WAS TODAY AT "PRETRIAL CONFERENCE" WITH PROSECUTOR, JUDGE AND OUR ATTORNEY. THERE WERE OTHER PEOPLE AND SHE WAS A BIT INTIMIDATED BUT ALL WENT WELL.........BEST PART IS THE JUDGE AND PROSECUTOR ARE WOMEN AND LIKELY TO BE SYMPATHETIC TO OUR CASE. ALSO SOLICITOR GENERAL IS A WOMAN. AS I UNDERSTAND IT WHEN ANNULMENT IS APPROVED BY JUDGE IT THEN GOES TO SOLICITOR GENERAL WHO CAN DENY. I LIKE THAT WOMEN ARE ALL OVER OUR CASE.

WE HAVE DATES FOR REST OF PROCESS........SHE HAS HEARING MARCH 12,19,26. BY GOD I HOPE THAT DOES IT.....IT WILL BE 15 MONTHS BY THEN. ITS ACTUALLY IN THE BALLPARK OF HOW LONG IT TAKES.

AS FAR AS COST. WE TALKED TO ATTORNEY WHO WANTED 250,000 PESO. THEN ANOTHER ATTORNEY WHO IS ASSOCIATED WITH RELYN'S FATHERS EMPLOYER. HE WANTED 160,000. AFTER TALKING WITH HIM WE DECIDED HE ALSO WOULD BE BEST FOR US. 160,000 IS ABOUT $3200.00

My fiancee had to prove his psychological incapacity. This was done by our hiring a psychologist to prove her capacity and the husband was never interviewed. It was costly but worth it. She then had many court hearings but eventually received the anullment. It is totally backwards over there compared to what we are used to. None of it ever makes any sense but if you jump through all the hoops it can be done. Good luck!

M fiance and husband had seperated for over 5 years. He claimed he didn't know if he wanted to be with a man or woman. She found an attorney through a friend at work in downtown Angeles City who processed her annulment in 5 months. It cost me 1500.00 US. In regards to the timeline and money(knowing it could well cost more and take much longer), I thought it was a great deal for the money involved. We filed for it in April this year. Her annulment was complete in August of this year. This was no sham. If anyone wants the name and number of the attorney just contact me here and I'll give it to you. Good luck.

wow.....i would have gladly still paid what i paid ($3000) to have it done in 5 months. im praying were done in 3 more months. but by then it will have been 15 months and that is on the lower end of what i've heard. most of those who have posted of their experience of annulments have had mch longer waits. youre the winner and soooo lucky. i think it all depends on so many factors such as where the annulment filed and that depends on the spouse locations also as to where it can be filed. all i have to say is congratulations and ARE YOU SERIOUS....ONLY FIVE MONTHS! just kidding i know ur serious. patrick & relyn

I'll pray for you guys tonight. The annulment really concerned me when I met my fiance in April 05 while visiting my friends there. I heard stories about the length of time and when I finally proposed to her in Nov 05, I figured it might take us longer to get the annulment, but she had a colleague whose roommate was the lawyer we worked with. Normally, the cost would be 3k and 1 year but she pushed it through after talking with my fiance. Honestly, I was very skeptical but when she showed me how everything had gone through the courts and the paperwork involved I was naturally elated. I was willing to wait even longer simply bcoz I'm very much in love with my fiance. We were very lucky but I empathize with you right now and I'll pray for your case to be expedited.

i hope she gets the annulment soon!
on a side note, i may be going way ahead of you guys, but i noticed in your timeline you had given "wedding rings" to each other. try not to mention that in your letters or during the interview or else the consul will be suspicious (don't me mad at me, just giving you advice)!
Anyway hope everything works out well for you guys!

Hi there, i am actually into it right now, just waiting for the decision from the Court. I filed last May 2006. Send me a PM and i can refer you to my Lawyer. Thanks.