Family is very much valued herein the Philippines. This makes it difficult for husbands and wives to get a favorable decree of annulment. Filing an annulment case or a petition for declaration of nullity of marriage requires money, time and effort. And even if you are willing to give out such money, time and effort there is still no assurance that the case will be granted by the court.
Yes, there are no assurances; but for men and women who have grown tired of fighting for a relationship that is not worth the battle, annulment or declaration of nullity of marriage is a risk that they are willing to take.
In simple terms, how is annulment done?
One very important part in the process of annulment or declaration of nullity of marriage is the search for a lawyer who is knowledgeable and competent enough to handle cases involving marital problems. The husband, or the wife, who is filing the case will then be asked to narrate her story starting from how the marriage started up to the time that it has failed.
In petitions for declaration of nullity of marriage, psychological evaluation is a must. This will prove the psychological capacity of the husband and the wife to carry out their obligations as a married couple.
If the lawyer finds grounds to file either a petition for annulment or declaration of nullity of marriage, then it should be filed in the Regional Trial Court where either of the spouses lives. After the filing, the spouse filing the petition should wait for a notice for collusion hearing coming from the court.
It is during the collusion hearing that the public prosecutor (state representative) investigates if the parties have agreed to file the annulment or declaration of nullity of marriage. Take note that agreement is prohibited by law. So, if it is found out that the parties have agreed, the case shall be dismissed; otherwise, case shall proceed.
Then, a pre-trial will be held. During this time, the parties will present their evidence to support their claim and their witnesses will be called to testify. Usually, only one party appears before the court, and this is the party who filed the petition.
The whole proceeding for filing an annulment case or declaration of nullity of marriage may take 6 months to one year, or even longer. Other circumstances may cause delay in the proceedings.
To know more about this topic, please email email@example.com:8888/dlaw or call Atty. Joyce Domingo at +632-8231090 or +639175220680.