cookmuck,
As I mentioned earlier if she's married (civil/church), it will appear married in her certificate of singleness. It's so nice for her sister to process it for her. Let's just see & wait for the result.
Her status is a bit like mine. I've got a son from my ex & he stayed with my parents while I go to work but was married in a church set-up. I also had no other foriegn relationship except with my husband now. My solicitor said, civil wedding is easy to be annuled because it's just a paper while church wedding is, I have to face the church policy at the same time. To go straight to the point, nobody can stop you if you want to propose marriage to her as you love her (& she loves you). If you are a bit hesitant to offer her marriage because she's still "tied-up" then there you go, investigate more on what annulment in the Philippines is all about, talk to her how she feels about it, symphatize her emotional feeling. It's hard to recall the past (been there, done that) but she has to as she will be asked by her lawyer again & again & the reason why she wants annulment.
Having a son from her previous marriage will not complicate things. I haven't heard about complicated things that you mentioned & that they can't get annulment.
When both of you are ready to take a further step about this matter...the lighter side is, you have faith with each other. Remind her to find a lawyer that is an expert about the annulment (thru referral from friends). AS it is a case to case basis. Just remember that the bonus part of the procedure are as follows:
- she has no communication with her ex...the lawyer will asked when did she last saw him.
- she haven't recieved any financial help from the ex to raise her son.
- the last address that she knows where her ex lives for the messenger to send the subpoena.
- the messenger will investigate at the same time too(how their relationship was) not only sending the subpoena.
- if the ex will not reply up to 3 subpoenas...it will be a bonus for her.
- if the ex will not appear in the court...another bonus for her.
- She will be ask for at least 3 witnesses (family, relatives, friends) on how thier relationship was & why it should be ended. Most valid reasons are....he's a gay, she's being battered (with police report), he cannot support her, infidility, too much addiction with drugs & needs to rehab). Anyways the lawyer will explain to her everything.
- She will undergo psychology interview as required. The son will do the same. It depends how old is the son & how she wants her son to be interviewed (either in a quiet cafe/ restaurant).
You mentioned that her ex lives with another woman now? then it is automatically null, although a legal declaration of nullity is required to establish this.
And I will reiterate again, please remind her not to tell the lawyer that she's into a relationship with a foriegner. Keep it discreet between the two of you even don't let the ex knows about it.
My case was with a strong ground reason, I mentioned the package deal rate at the above #4. I lodged my case on July & got my finality on Dec...same year 2006.
If you want to speak with my husband to share your thoughts, I will leave it up to you. My husband doesn't mind at all. He's very willing to help but he's not a member here.
Looking forward to your happy ending story.
Originally Posted by cookmuck
and u need to be patient as well (it takes time)....if she will be going for an annulment its BEST to file it in provinces rather than in manila....coz lots of cases to handle the more chance that urs will be put on hold.....plus it is much cheaper as well!!
