Here are some legal steps against a cheating spouse | ABS-CBN
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Here are some legal steps against a cheating spouse
Here are some legal steps against a cheating spouse
Photo by Mark Demayo, ABS-CBN News
Photo by Mark Demayo, ABS-CBN NewsTo read the Filipino version of this story, click here.
MANILA — A viral news story of a policeman and a policewoman caught by their own police spouses allegedly having sex in the parking lot of a mall in Laguna has captivated readers.
MANILA — A viral news story of a policeman and a policewoman caught by their own police spouses allegedly having sex in the parking lot of a mall in Laguna has captivated readers.
The scene was action-packed because the incident ended in a shootout.
The scene was action-packed because the incident ended in a shootout.
The wife of an alleged cheating husband shot him and injured his shoulder, while the other husband fired at his alleged unfaithful wife's vehicle and damaged one of its wheels as she attempted to escape.
The wife of an alleged cheating husband shot him and injured his shoulder, while the other husband fired at his alleged unfaithful wife's vehicle and damaged one of its wheels as she attempted to escape.
But what exactly are the legal moves that can be taken by those who have cheating spouses?
But what exactly are the legal moves that can be taken by those who have cheating spouses?
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LEGAL SEPARATION
According to Atty. Noel del Prado, one of the hosts of "Hello Attorney" on TeleRadyo Serbisyo, a spouse can use marital infidelity as a basis for legal separation.
According to Atty. Noel del Prado, one of the hosts of "Hello Attorney" on TeleRadyo Serbisyo, a spouse can use marital infidelity as a basis for legal separation.
In legal separation, the couple is still technically married and they cannot remarry. According to Del Prado, the unfaithful spouse's conjugal property rights could be stripped.
In legal separation, the couple is still technically married and they cannot remarry. According to Del Prado, the unfaithful spouse's conjugal property rights could be stripped.
"Hindi na legally obligated 'yung wife or 'yung husband na magsama sila sa iisang bubong kasi 'yun 'yung marital obligation in one house under one roof 'yun 'yung kumbaga ang mare-release sa mga nonoffending spouses," Del Prado added.
"Hindi na legally obligated 'yung wife or 'yung husband na magsama sila sa iisang bubong kasi 'yun 'yung marital obligation in one house under one roof 'yun 'yung kumbaga ang mare-release sa mga nonoffending spouses," Del Prado added.
(The wife or the husband are no longer legally obligated to live together under the same roof. In essence, that obligation will be released from nonoffending spouses.)
PSYCHOLOGICAL ABUSE
Marital infidelity can also be used as a basis for psychological abuse, said Del Prado.
Marital infidelity can also be used as a basis for psychological abuse, said Del Prado.
He said it is still debatable if the husband can use it against his wife, but Del Prado said it is clear that the wife can file a criminal case against her husband with marital infidelity as a basis for psychological abuse.
He said it is still debatable if the husband can use it against his wife, but Del Prado said it is clear that the wife can file a criminal case against her husband with marital infidelity as a basis for psychological abuse.
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PSYCHOLOGICAL INCAPACITY
If the spouse wants to file an annulment, Del Prado said the challenge is how to "transform" marital infidelity into psychological incapacity because the former cannot be a basis for annulment.
If the spouse wants to file an annulment, Del Prado said the challenge is how to "transform" marital infidelity into psychological incapacity because the former cannot be a basis for annulment.
Psychological incapacity can be used as a ground in annulment cases. Some choose annulment because they can remarry after the annulment. It will be treated as if no marriage had taken place.
Psychological incapacity can be used as a ground in annulment cases. Some choose annulment because they can remarry after the annulment. It will be treated as if no marriage had taken place.
According to Del Prado, the condition of psychological incapacity must be proven before or shortly before marriage, during marriage, and after marriage.
According to Del Prado, the condition of psychological incapacity must be proven before or shortly before marriage, during marriage, and after marriage.
"Noong mag-boyfriend, girlfriend pa sila nangangaliwa na, at near the time of their marriage meron din siyang mga fling-fling or na-witness din 'yung pangangaliwa. Halimbawa may text message around that time na merong nagfi-flirt or merong karelasyon whatever para mapatunayan na hindi niya talaga kayang maging faithful," he said.
"Noong mag-boyfriend, girlfriend pa sila nangangaliwa na, at near the time of their marriage meron din siyang mga fling-fling or na-witness din 'yung pangangaliwa. Halimbawa may text message around that time na merong nagfi-flirt or merong karelasyon whatever para mapatunayan na hindi niya talaga kayang maging faithful," he said.
(When they were still boyfriends and girlfriends, the other was already cheating. Near the time of their marriage, one also had flings. For example, there was a text message around that time that someone was flirting with him or her or having a relationship with another person — whatever evidence to prove that they can't really be faithful.)
(When they were still boyfriends and girlfriends, the other was already cheating. Near the time of their marriage, one also had flings. For example, there was a text message around that time that someone was flirting with him or her or having a relationship with another person — whatever evidence to prove that they can't really be faithful.)
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"Dito 'yung incident na nahuli sila[ng nagtatalik] 'yun 'yung incident na [puwedeng] magpapatunay na meron pa siyang psychological incapacity as indicated by marital infidelity after the marriage," he said.
"Dito 'yung incident na nahuli sila[ng nagtatalik] 'yun 'yung incident na [puwedeng] magpapatunay na meron pa siyang psychological incapacity as indicated by marital infidelity after the marriage," he said.
(The incident where the policeman and policewoman were caught having sex is the incident that can prove that they still have psychological incapacity as indicated by marital infidelity after the marriage.)
(The incident where the policeman and policewoman were caught having sex is the incident that can prove that they still have psychological incapacity as indicated by marital infidelity after the marriage.)
CHILD SUPPORT
When asked if a spouse can request child support from their former lover, Del Prado said the partner is still obligated to provide child support whether they are married or not.
When asked if a spouse can request child support from their former lover, Del Prado said the partner is still obligated to provide child support whether they are married or not.
"Pag hindi sila kasal, hindi lang siya obligadong magbigay ng suporta doon sa kinakasama dahil wala siyang obligasyon, hindi naman sila kasal. Pero sa mga anak whether legitimate or illegitimate obligadong magbigay ng child support," aniya.
"Pag hindi sila kasal, hindi lang siya obligadong magbigay ng suporta doon sa kinakasama dahil wala siyang obligasyon, hindi naman sila kasal. Pero sa mga anak whether legitimate or illegitimate obligadong magbigay ng child support," aniya.
(If they are not married, he is not obligated to provide support to his partner because he has no obligation, they are not married. But for children whether legitimate or illegitimate, he is obligated to provide child support.)
(If they are not married, he is not obligated to provide support to his partner because he has no obligation, they are not married. But for children whether legitimate or illegitimate, he is obligated to provide child support.)
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PRIVATE INVESTIGATOR
In the meantime, if a spouse suspects that their partner is cheating, they can hire a private investigator to gather evidence against the cheating spouse.
In the meantime, if a spouse suspects that their partner is cheating, they can hire a private investigator to gather evidence against the cheating spouse.
But Del Prado cautioned that the evidence must be obtained through legal means because the court would not accept them if they were gained illegally, like cell phone tapping.
But Del Prado cautioned that the evidence must be obtained through legal means because the court would not accept them if they were gained illegally, like cell phone tapping.
He said they can take pictures or videos outside the office or while their cheating spouse enters a motel with a third party. The pictures or videos are legal as long as there is no invasion of privacy, he said.
He said they can take pictures or videos outside the office or while their cheating spouse enters a motel with a third party. The pictures or videos are legal as long as there is no invasion of privacy, he said.
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