Filipina wife Living in PI

[Dakine 26]

If he wanted a divorce and you were in the Philippines. He could attempt to serve paper to you, and if were out of the country for an extended period he could get a divorce judgement against you, since you would not be able to dispute the divorce.

Do you mean I have no right to iniate a divorce if I don't live in America? does the Philippines goverment will recognize my divorce decree? or I am still married there but legally divorced in US ?... it is good that you did mention about this matter.

Either partys can start the process of divorce, Doesn't matter where you live.

If a divorce decree is issued in USA, then both governments (PI/USA) will recognize the divorce....

From what I understand the petitioner in the US has to initiate the divorce to be recognized by the Philippine government Not sure what's involved but the local Philippine consulate in the US has to be notified.

Lotus I wish you luck as living that far apart successfully isn't that easy.

though she's already a USC right? she can initiate divorce basing upon her citizenship (american)... but if she's in phil and will initiate divorce (as filipino, pertaining she's dual) then i believe they wont honer that right?... what im saying here are just queries and not a statement, rather just want some clarification by these laws... i do hope you'll work out the marriage... God bless you both and may find peace and happiness

Beyond my limited knowledge of Philippine goverment procedures and laws.

[srogue 0]

From what I read of the OP, and maybe I am not reading between the lines here, but it sounds like there is "some reason" she is going back to the Phils while her husband continues to work here in the US and will visit her every year. So it sounds like their marriage is still solvent, though I would be bewildered if my wife decided to up and move back to the Phils on me once we are together, but that is my situation, not yours.

Having said that, I too wish you the best in being apart that long. I know being apart from my wife for months is difficult. I can't imagine years, but we take our vowes seriously, and if some situation were to arrise that required it we would certainly make it through. Just keep good communication going between the two of you and if you are religious, pray together often, even if it is over the phone.

Edited April 26, 2009 by srogue

[Rocky_nBullwinkle 6]

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

http://www.chanrobles.com/executiveorderno209.htm (Family Code of the Philippines)

[chinese_mutt 11]

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

http://www.chanrobles.com/executiveorderno209.htm (Family Code of the Philippines)

But she's a US Citizen already... I would think that she can now file divorce in US too and can remarry anywhere.

BTW, if I'm not mistaken.. once you swore your allegiance to the US... you automatically lose your Phil. Citizenship.

I think... because that would tantamount to Dual Allegiance.. not Dual Citizenship.

why are you worried about divorce? i thought the marriage is still working? Hummm.. sounds weird.

However, it would be best to get a divorce before you leave US... if you're eventually going this way anyway.

Less burden on the paperworks.

[sj5 4]

It's dissolve when you're divorce/annul.

Edited April 30, 2009 by sj5