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mikusvik · Oct 24, 2010, 02:22 AM

I want to give a file case to my husband has a baby to another girl, during our marriage... I need an attorney in what grounds I can give to him?

ScottGem · Oct 24, 2010, 07:17 AM

You need to explain this further. What exactly are you trying to do?

cdad · Oct 24, 2010, 07:24 AM

Also it will be helpful to know your general location as laws vary by where you live.

happymg · Oct 24, 2010, 07:53 PM

It depends where you live and what laws are available in your jurisdiction.

Generally, you can file a criminal case for adultery and a civil case for divorce or legal separation. These remedies seem available in most jurisdictions.

To be sure, seek legal advice from a lawyer in your country or residence.

GV70 · Oct 25, 2010, 12:10 AM

Originally Posted by happymg

Generally, you can file a criminal case for adultery ... These remedies seem available in most jurisdictions.

Nope!

mikusvik · Oct 25, 2010, 11:51 AM

Originally Posted by califdadof3

Also it will be helpful to know your general location as laws vary by where you live.

Thanks for reply.. wer boh filippino but I'm currently working in uae... his american citizen already and stayng in Arizona... actually our present situation its like separated, he have girlfriend in Arizona, but we found out he has a baby with another girl, wer not divorce yet... can I file a case against him??

mikusvik · Oct 25, 2010, 11:56 AM

Originally Posted by GV70

Nope!

Thanks!! Can I file adultery ever wer separated but not legally... in our country we don't have divorce, and he's in Arizona usa, he has affair in america wer in his american citizen already... my son also cauht him, making love with the girl?

cdad · Oct 25, 2010, 01:00 PM

This is a complicated case. Are you applying for american citizenship? The problem here is you are currently in the UAE. Working on a visa there but still a philipine national ?

If that is the case then its also a question of where you will be filing. So jurisdiction can start. Where were you married at?

ScottGem · Oct 25, 2010, 05:36 PM

You can file for divorce, but you need figure out where jurisdiction is. You need to consult an attorney to determine that.

happymg · Oct 25, 2010, 08:16 PM

Adultery is still a crime in the Philippines, as with other countries in the world (except Europe and the US where it has been decriminalized or it has become dead letter law). In the case of the husband, the equivalent Philippine crime is called concubinage.

You are correct in saying that there is no divorce in the Philippines, only legal separation where sexual infidelity is one of the grounds.

The big problem, however, is obtaining personal jurisdiction over your husband since he is in the US.

I didn't learn that from Judge Judy.

Thanks, guys! It has truly been a humbling experience. Signing out...

ScottGem · Oct 26, 2010, 03:41 AM

OK, I may have jumped the gun here. Can you cite any statutes that make it a CRIMINAL offense to commit adultery in the Philippines (or anywhere). Also can you show that prosecution has been done under such statutes since the turn of the century?

But I should point out that, you did not know where the OP was from when you posted your response.

cdad · Oct 26, 2010, 04:03 AM

Lets be clear here on what we are discussing.

There are laws on the books even in the U.S. and they are being prosecuted. This happened earlier this year.

Ref:
Suzanne Corona of Batavia, N.Y.: Woman Charged with Adultery to Challenge New York Law - ABC News

This is for Philipine clarification. The charge of concubinage is very specific. Its not the same as adultery.

Ref:

Philippine Marital Infidelity Law | The Composed Gentleman

ScottGem · Oct 26, 2010, 04:08 AM

Hmmm interesting. I knew laws still remained on the books, but I didn't know they had been enforced that recently. I can understand the officer entering the charge, but I wonder about the prosecutor's office actually going to court on it.

cdad · Oct 26, 2010, 04:11 AM

Originally Posted by ScottGem

Hmmm interesting. I knew laws still remained on the books, but I didn't know they had been enforced that recently. I can understand the officer entering the charge, but I wonder about the prosecutor's office actually going to court on it.

They are trying to bring it forth. But keep in mind the only reason for the charge in the first place is because it was witnessed by an officer as the act was taking place in public. By law the only testimony that can be admitted in N.Y. court has to be direct testimony of the 3rd party. That either witnessed or participated in the act. Concerning adultery.

ScottGem · Oct 26, 2010, 04:14 AM

I can see being prosecuted for public lewdness or such. I'm just surprised at the adultery charge. But prosecutors will frequently throw any charges that think might stick at the defendant.