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Lawyer prepares the petition, will consult with client while the
draft is being finalized; Lawyer files the petition in the
appropriate court. (The 1 year average timeframe begins from
this point). Step 2 may take 1-2 months (depending on
availability of documents and communication between lawyer
and client). Initial payment covers 30% of payment for legal fees;
P10,000 for necessary expenses . This stage may cost P40,000
(P37,000 with the deduction of consultation fee in step 1).
Step 3. Case is raffled to the appropriate branch Court that will
order the publication of the petition in a newspaper Court will
issue a notice setting the date of first hearing. Copies will be
served to involved agencies (Civil Registrar, PSA, City
Prosecutor, Office of Solicitor General, any registered oppositor).
This stage may take a month.
Step 4 TRIAL PROPER. First hearing (will require attendance of
client or his/her representative). This step will involve proving
that all formal requirements for the case have been completed
(publication, service, etcetera) and drafting of judicial affidavits,
preparation of witnesses for testimony (client/petitioner, officers
who certified authenticity of documents, etcetera).
Hearing schedule depends mostly on the court calendar. It is
possible that the hearing can be scheduled once every month. An
average of 3-4 hearings can be expected and may take from 3-5
months.
Appearance fee rates can range from P3,000 if in Metro Manila
to P10,000 if outside of Manila.
Step 5. After all hearings are concluded and all documents
presented are formally submitted, the case shall be submitted
for resolution. This may take 3-6 months. Metro Manila courts
would have a heavier caseload and will affect the length of time
until decision is issued.
Step 6. Once the decision is issued, Lawyer will request that all
court documents (decision, certificate of finality) be issued and
certified and registered with Civil Registrar (Certificate of
Registration, Certificate of Authenticity will be issued). Then, the
Judicial Recognition
Divorce
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