We are going to focus on this legal figure and analyze how divorce is requested in our country.
Divorce
The law that regulates divorce is a permissive law, that is, it does not oblige list of contact numbers in philippines one to divorce . It is a decision of the spouses, but it is necessary that it is adopted through the judicial bodies for it to be valid.
Article 89 of the Civil Code refers to the effects of divorce and expressly states:
"The effects of the dissolution of marriage by divorce will occur from the finality of the sentence or decree that so declares or from the manifestation of the consent of both spouses granted in a public deed."
In our legal system, the divorce system is based on the idea of the breakdown of marriage , which materializes with a cessation of marital cohabitation and the causes of divorce are a closed list (art. 86 Civil Code).
As we have indicated above, the divorce must be decreed by the courts, after exercising an action and following a process. It is necessary that there is a divorce decree .
We will look at the steps to get divorced . First of all, we need to know who has the standing to initiate divorce proceedings:
Both spouses
Only one
The process can be of two types: by mutual agreement or contentious.
If it is a divorce by mutual agreement , it can be done out of court. The Voluntary Jurisdiction Act allows the divorce to be processed before a notary if both parties agree (as long as they meet certain conditions). It is also possible to go to court, which is a simple and inexpensive process. A claim is filed in court along with a regulatory agreement, the parties are summoned to ratify it in court and the procedure would end. In addition, both spouses can be represented by the same lawyer and solicitor, which reduces costs.
But in the event that an agreement is not reached, litigation would have to be initiated:
One of the spouses files a lawsuit in court with the necessary documentation
This document is forwarded to the other spouse so that within 20 days they can satisfy the demand.
A date is set for the trial
On the day of the trial, the spouses must each attend with a lawyer and a solicitor. If there are minor children, the Public Prosecutor's Office intervenes.
After the trial, the judge issues a ruling declaring the divorce and establishing the measures
If one of the parties does not agree, they can appeal against the ruling.
If neither party appeals, once the judgment is final, it is registered in the Civil Registry .