Can I file an annulment case against my wife if I have a history of cases filed against me, which were dismissed due to lack of evidence?

In the Philippines, filing for an annulment is a legal process that dissolves a marriage, rendering it null and void as if it never existed. The grounds for annulment are specific and must be proven in court. The history of dismissed cases against the petitioner does not directly affect the ability to file for an annulment, as long as the petitioner can establish valid grounds for annulment.

Grounds for Annulment

The Family Code of the Philippines provides several grounds for annulment:

Lack of Parental Consent: If either party was 18 years old or over but below 21, and they got married without the consent of their parents or guardians.
Psychological Incapacity: If either spouse is found to be psychologically incapacitated to comply with the essential marital obligations.
Fraud: If consent to the marriage was obtained through fraudulent means.
Force, Intimidation, or Undue Influence: If consent was obtained by force, intimidation, or undue influence.
Impotence: If either party was physically incapable of consummating the marriage and such incapacity continues and appears to be incurable.
Serious and Incurable Sexually Transmitted Disease: If either party was afflicted with a sexually transmissible disease found to be serious and incurable.

Process of Filing for Annulment

Consult a Lawyer: It is essential to seek legal advice from a lawyer who specializes in family law to understand the process and gather necessary documents.
File a Petition: The petition for annulment must be filed in the Regional Trial Court where either of the spouses resides. The petition should detail the grounds for annulment and include supporting evidence.
Notification and Response: The court will notify the other spouse (respondent) of the filed petition. The respondent has the opportunity to respond to the petition.
Trial and Presentation of Evidence: Both parties will present their evidence and witnesses in court. Expert testimony, such as from psychologists, may be required, especially in cases of psychological incapacity.
Court Decision: After reviewing the evidence, the court will decide whether to grant or deny the annulment. If granted, the marriage is considered null and void.

Impact of Dismissed Cases on Annulment

The history of dismissed cases filed against the petitioner does not directly impede the filing of an annulment. The focus of the annulment case is on the grounds provided under the Family Code and the evidence supporting those grounds. However, it is crucial to disclose any legal history to your lawyer for comprehensive legal advice.

Legal Implications

Property Relations: Annulment can have significant implications on property relations, custody of children, and financial support. The court will decide on the division of properties and the custody of children based on the best interests of the child.
Re-marriage: Once an annulment is granted, both parties are free to remarry, subject to the finality of the court’s decision.

Conclusion

Filing for an annulment in the Philippines requires a clear understanding of the legal grounds and a thorough presentation of evidence. The history of dismissed cases against a petitioner does not prevent filing for annulment as long as the petitioner can substantiate the grounds for annulment as specified in the Family Code. Consulting with a knowledgeable lawyer is essential to navigate the complexities of the annulment process.