Divorce

[LeRoY DrAgOn 2]

Searched thru the forums there were a lot that were close but not yet the same , my question is for a buddy of mine who is in the military. He married a Girl from the Philippines back in 2003 and married her in the Philippines, and got a divorce back in 2008 by default due to no response from her (he is a USC born here in USA) and she is Filipino. a lot of his paperwork was lost/destroyed/misplaced including his Divorce decree. well thinking he is legally single maybe just in US but didn't know about Philippines law process so assumed he was single and she was single cause of decree. got married to a different girl this past Apr 2010. when processing something i forgot what he say but they need a cer no marriage for both of them and it came back with the first marriage certificate of his first marriage from 2003 not from 2010. and what or how can he going about fixing it so the marriage is not void or does he need to get re married if he cant find the original decree or does he need to file another one past the marriage date?

thanks in advance

[Gumbolette 58]

Q. Can an American citizen get married in the Philippines again after having a divorced to a filipina?

A: "A legal divorce in the USA is valid worldwide..." so YES!

Yes, if you are an American citizen, you CAN legally re-marry a filipina without filing annulment. All you need to do is have a certified copy of your divorce decree. It doesn't matter where you were previously married or to who. All he needs to do is to bring the certified copy of the divorce decree to the US Embassy in Manila and get the affidavit in lieu of certificate to marry. It is so easy and quick.

But in your buddy's case that you mentioned he doesn't have the Original copy of the divorce decree, I wonder how did he able to get an affidavit to lieu marriage so as marriage license when him and his current wife went to US Embassy and in the civil registrar office to secure marriage license.

Either way, if he has this very substantial document, he should be fine processing the petition for her current wife. No need for annulment or whatsoever from his previous marriage to another filipina.

Edited October 11, 2010 by Cutie_Patootie

[Atencio 43]

I doubt most court systems in the U.S. would give you the original divorce papers since they are required to be archived by the court. In my case the court gave me a certified copy of my divorce with stamp and signature of court representative. Just have him go to the court or Records where his divorce was done and get another copy.

[mrsean 4]

I doubt most court systems in the U.S. would give you the original divorce papers since they are required to be archived by the court. In my case the court gave me a certified copy of my divorce with stamp and signature of court representative. Just have him go to the court or Records where his divorce was done and get another copy.

they just need the copy with the seal on it

[Filipinawife0210 15]

Agreed. They will need a certified copy from the Clerk's office where his divorce was processed. He will need to submit that decree to the NSO to register the divorce. Once complete, you will be able to marry. He will need the same decree for his Certificate in lieu of Legal Capacity to Marry at the US Embassy. Good luck!

[Stanley Hermosill 1]

He needs to go to the clerk of the court of records where his divorce was finalized and request a copy with the seal on it. After that he should be in the clear.