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Wednesday, January 21, 2009

My Annulment First Step...

Early morning of February 5, 2007 a friend of mine accompanied me to his Lawyer to introduce him and discuss also with me all the important matters concerning the above subject. He enumerated all these information that I should bear in mind before proceeding. These are as follows:

1. GROUNDS – PSYCHOLOGICALLY INCAPACITATED
This is the ONLY one that works. I won’t bother explaining why. If one of you is loony then it’s unfair for the other one to be in the marriage. But there’s a catch to it. It has to be proven that the lunacy had been there even before the marriage.

2. IT HAS TO BE UNCONTESTED
The reason why annulments drag on is that one party will file a counter affidavit. Because the Philippine Family Code’s mission is to “preserve the Filipino family”, a counter affidavit is seen as an indication that the marriage can still be saved. I agreed to cover all expense. Because I know that he will never admit that he is the cause of the break-up and that he will never agree to be the loony party, I had to be the respondent to the case and because I’m the respondent, I can guarantee that it will definitely be UNCONTESTED. Now, why would I file a counter-affidavit, right?

3. PROOF THAT THERE WAS NO COLLUSION
The court will want to know that the annulment is not scripted. That is why it is important that the respondent never show his or her (in my case, my face) in court. They don’t want to make it too obvious that they were not really following proper court procedure.

A lot of things should be done and still need to know and my Lawyer preferred to start my annulment as soon as possible. He also advised me to remain brave as we go on to this process.

… He then asked me to prepare my Marital History which is one of the requirements for filing, NSO copy of our birth certificate included my son and NSO copy of our Marriage Certificate...... ........

2 comments:

Unknown said...

please let me know this lawyer, i am in search of a competent lawyer for my case, one who can help me expedite my annulment case.thanks...

Andrew James said...

Hi Lhen, you can check NDV Law's website here: http://ndvlaw.com/. They have handled numerous annulment cases.