Fees, Process, and Timeline (Practical Guide)

This article explains the costs, steps, grounds, and timelines for dissolving a marriage through Philippine courts. It’s general information, not legal advice.

1) First, the terminology (so you don’t overpay for the wrong case)

Philippine law recognizes two main court actions to end a marriage celebrated in the Philippines:

Declaration of Nullity of Marriage (void marriages) The marriage was never valid from the beginning (void ab initio). Common reasons include:
- Psychological incapacity (Family Code, Art. 36)
- Bigamy/polygamy
- Incestuous or prohibited marriages (e.g., close blood relations)
- Lack of a valid marriage license (subject to narrow exceptions)
- Non-compliance with Article 53 (failure to record a prior judgment of nullity or proper liquidation/partition/recording before remarriage)
Annulment (voidable marriages, valid until annulled) Grounds include:
- Lack of parental consent (if a spouse was 18–21 at the time)
- Insanity at the time of marriage
- Fraud (e.g., concealment of a prior conviction, pregnancy by another man, etc., if it fits statutory fraud)
- Force, intimidation, or undue influence
- Impotence (incurable)
- Serious sexually transmissible disease (existing at the time, and unknown to the other)

Important: A church annulment is separate from a court case. A church decree affects church sacraments but does not change your civil status in the PSA until you win in civil court and have the judgment recorded.

2) Where to file and who hears the case

Venue: In the Family Court (a designated Regional Trial Court) of the province/city where you or your spouse has resided for the required period (commonly at least 6 months for residents or where the respondent may be found; check local rules).
Who files: You (the petitioner), through a lawyer.
Parties always included: The Office of the Solicitor General (OSG) or a public prosecutor represents the State to oppose collusive petitions and ensure the evidence is sufficient.

3) Step-by-step: What actually happens

Initial consult & strategy. Ground selection is crucial (e.g., Art. 36 vs. fraud vs. force).
Document gathering. PSA copies of your marriage certificate and children’s birth certificates, IDs, medical/psychological records, proof of circumstances, communications, witness lists.
Psychological evaluation (if needed). Often used in psychological incapacity cases; may include interviews, psychometric tests, and a written report.
Petition drafting & filing. Your lawyer prepares the verified petition with annexes and files it in the proper Family Court.
Raffle and docketing. The case is assigned to a specific court.
Order for summons & prosecutor/OSG appearance. The State participates; summons is served on the respondent (your spouse).
Pre-trial / Judicial dispute resolution (if any). Narrow issues, mark exhibits, stipulate uncontested facts.
Trial. You and your witnesses testify; your psychologist (if any) and other experts may be presented; cross-examination follows. The prosecutor/OSG may also examine witnesses.
Memoranda (written arguments).
Decision. If granted, the court issues a judgment annulling (voidable) or declaring null (void) the marriage.
Finality. After appeal periods lapse (or after appellate proceedings), the decision becomes final and executory.
Civil registry compliance. You (through counsel) secure Entry of Judgment, and register/annotate the decision with the Local Civil Registrar and PSA so your records reflect your new civil status.
Post-case documents. Request annotated PSA copies (marriage certificate, and if applicable, children’s birth certificates) and a new CENOMAR showing the annotation.

4) How much does it cost? (Typical ranges)

Every case is unique. Costs vary by city, complexity, the number of hearings, and your counsel’s experience. Below are typical, good-faith ranges to help you budget in Philippine pesos (PHP).

A) Professional fees

Attorney’s fees (professional/acceptance): ₱120,000–₱300,000+ for straightforward cases; complex or high-conflict cases can reach ₱400,000–₱800,000+.
Appearance fees: ₱3,000–₱10,000+ per hearing, depending on location and counsel.
Drafting, research, and memo work: Often included in a package; sometimes billed hourly.

B) Case-related out-of-pocket costs

Court filing & docket fees: roughly ₱2,500–₱8,000 (varies by court and amounts involved).
Sheriff’s/process fees & service of summons: ₱1,000–₱5,000+ (more if outside jurisdiction or by publication).
Publication (only if required by the court, e.g., summons by publication): ₱8,000–₱25,000+ depending on newspaper/circulation.
Psychological evaluation & expert testimony (if used): ₱25,000–₱120,000+ (report + court appearance). High-profile experts can be more.
Document procurement (PSA, notarization, copies, courier): ₱1,500–₱8,000+ total across the case.
Transcript of stenographic notes (TSNs): ₱20–₱50+ per page; multi-hearing trials can total ₱5,000–₱30,000+.
Miscellaneous (travel, parking, meals, scheduling delays): variable.

C) All-in indicative budgets people commonly encounter

Lean, uncontested case (no expert, few hearings): ₱150,000–₱250,000+
Moderate case (with psychologist, several hearings): ₱250,000–₱500,000+
Complex or hard-fought case (multiple experts, long trial): ₱500,000–₱1M+

Tip: Ask your lawyer for a written fee proposal that separates professional fees and anticipated disbursements, and clarifies which items are fixed vs. variable.

5) How long does it take?

Best case: 8–12 months (rare; uncontested, efficient court, minimal postponements).
Typical: 1.5–3 years from filing to finality and PSA annotation.
If appealed or with frequent resets: 3–5+ years.

Timeline drivers: court congestion, judge reassignments, difficulty serving summons, witness availability, cancellations due to typhoons/holidays, and whether the OSG/prosecutor raises strong objections.

6) Evidence expectations (by ground)

Psychological incapacity (Art. 36): Detailed factual proof of enduring personality traits existing at the time of marriage that made a spouse truly unable to assume essential marital obligations. A psychological report can help, but courts focus on facts and behavior, not labels.
Bigamy/polygamy: Proof of a prior undissolved marriage (PSA records), or evidence the spouse remarried while still married to you.
Fraud/force/intimidation: Clear proof of deception or coercion at the time of consent and timely filing within the legal period.
Impotence or serious STD: Medical proof and that it preceded the marriage and was unknown to the other.
Lack of parental consent (ages 18–21): Evidence of age and lack of the required parental consent at the time.

7) Effects of a granted petition

Civil status: You revert to single (for void or voidable marriages) once the judgment is final and recorded with the LCR/PSA.
Property relations: The conjugal/ACP (if any) is dissolved and liquidated; spouses’ shares are determined after settling debts and reserving the children’s presumptive legitimes where applicable.
Children’s status and custody:
- Children of voidable marriages (annulment) remain legitimate.
- Children of void marriages are generally illegitimate, except those under Art. 36 (psychological incapacity) and Art. 53 cases, who are considered legitimate by statute.
- Custody is based on best interests of the child; children under seven are generally with the mother unless compelling reasons exist.
- Support obligations continue; the judgment may include or be followed by support and custody/visitation orders.
Right to remarry: Only after the judgment is final and duly recorded (annotation appears on your PSA record).

8) Annulment vs. alternatives (so you don’t waste money)

Legal separation: Does not dissolve the marriage; spouses live separately; property relations are settled; no right to remarry.
Foreign divorce recognition: If one spouse is a foreign national, or a Filipino who validly obtained a foreign divorce under the applicable law, a Philippine court case for recognition may be faster/cheaper than annulment/nullity.
Church annulment only: Not enough for the PSA. You’ll still need a civil case to change your PSA records.

9) Practical ways to reduce time and cost

Pick the correct ground from the start to avoid refiling.
Overprepare your evidence. Organize exhibits, timelines, chats, emails, medical and school records, witness statements.
Limit postponements. Block your schedule for hearings; keep witnesses on standby.
Negotiate scope. If the respondent will not contest, have counsel explore limited issues and stipulations at pre-trial.
Use expert testimony strategically. Don’t over-engineer; the judge values credible, specific facts.
Track expenses and insist on receipts for disbursements.
Plan for post-judgment steps early (Entry of Judgment, LCR/PSA annotation) to avoid limbo.

10) Typical document checklist

PSA Marriage Certificate (recent copy)
PSA Birth Certificates of children (if any)
Your valid IDs and proof of residency
Narrative timeline of relationship and marriage
Supporting evidence (messages, emails, photos, police or medical records, affidavits)
Psychological report and expert CV (if relying on Art. 36)
Proof of prior marriage (for bigamy) or lack of license (for no-license cases)
Proof of service of summons (handled through the court process)

11) Frequently asked questions

Q: Can we “speed it up” by agreeing? A: You can avoid collusion, but the respondent’s non-opposition and stipulations can reduce hearings. The State still tests your evidence.

Q: Do I need to attend every hearing? A: For testimony, yes. Some non-evidentiary settings may allow counsel to appear for you, but follow your judge’s directives.

Q: Will the judge require a psychologist? A: Not always. For Art. 36, many courts still expect expert support, but the quality of factual proof is critical.

Q: When can I remarry? A: Only after the decision is final and annotated with the LCR/PSA. Get an annotated PSA copy first.

Q: How much should I budget today? A: For planning, many petitioners earmark ₱250,000–₱500,000 for a typical case, then adjust based on developments.

12) Ethical and practical cautions

Never fabricate evidence or coach witnesses—courts and the OSG scrutinize annulment cases.
Tax and property consequences can follow liquidation; consult counsel before transferring assets.
Protect your privacy: use initials or sealed exhibits for sensitive records when allowed.
Domestic violence? Ask counsel about protection orders and support applications that can proceed alongside or before the main case.

13) Action plan you can use this week

List your ground(s) and draft a one-page timeline.
Gather PSA documents and scan them.
Interview two witnesses who can testify to key facts.
Consult two lawyers for comparative strategies and fee structures.
Decide on expert use (especially for Art. 36) after hearing counsel’s view on your facts.
Set a hearings fund (starter reserve: ₱50,000–₱100,000) for near-term disbursements.

Bottom line

Expect ₱150,000–₱500,000+ in total costs for most cases, and a 1.5–3-year journey from filing to PSA annotation.
The right ground, strong factual proof, disciplined scheduling, and a clear fee agreement are the biggest levers to control time and expense.
Always finalize the case with Entry of Judgment and PSA annotation, or your civil status won’t reflect the court’s ruling.