Is this a Bigamous Marriage?

[Kang 22]

So then my question is this: If the US recognizes other country's marriages (Her Philippine marriages) and also recognizes divorce, how can it recognize both the Phillipine marriage and the US divorce at the same time?

As far as the judge caring nothing about Philippine law, wouldnt the Nationality Principle Apply here?

Simply put:

If a Philippine citizen is married to a foreigner and the foreigner filed for divorce, the Philippines will acknowledge that the foreigner is divorced, not the Philippine citizen. It is for the sake of the convenience of the foreigner BUT the Philippines will still consider the Philippine citizen not divorce because: there is no divorce in Philippine law, only annulment but the marriage wasn't annulled in Philippine courts.

http://showbizandstyle.inquirer.net/entertainment/entertainment/view/20110224-322011/Amy-Perez-hopes-ex-hubby-files-for-divorce

Edited November 9, 2011 by Kang

[Kang 22]

I dunno why you want annulment. The Philippines will recognize your divorce. But she is screwed since she is a Philippine citizen, the Philippine will not likely recognize her divorce papers in the US (as far as I know)

Chan Robles has a very rich information on Philippine laws. I suggest you go read there.

http://www.chanrobles.com/amno021110sc.html

I think you better worry about your son. She can get him a Philippine passport anytime and go to the Philippines. Unfortunately for US fathers, the Philippines is not father-friendly either. While you may not be pressed with child support if they go to the Philippines, you may not see your son either. You CANNOT file for parental abduction since the Philippines is NOT a signatory of the Hague convention.

If I were you, focus on the kid. Get him before she flies to the Philippines with him

[Kang 22]

I have a friend who is taking up law in the Philippines. I might refer this thread to her.

[Leatherneck 693]

So then my question is this: If the US recognizes other country's marriages (Her Philippine marriages) and also recognizes divorce, how can it recognize both the Phillipine marriage and the US divorce at the same time?

Family court judges do not inquire as to the national orgin of the parties to a petition to dissolve a marriage. For example, a court (family) will not determine since one is from the Philippines, thereby refuse jurisdiction in the case and not grant a dissolution based on Philippine family law. Once a court has jurisdiction over a matter (family law/family court), it will be adjudicated based on the laws of that state, regardless of where one or both parties to the matter orginate from.

Even you have conceded that her divorce is legal in the U.S. but not legal in the Philippines.

As far as the judge caring nothing about Philippine law, wouldnt the Nationality Principle Apply here?

A Filipino citizen will get "equal protetction" under the law while in the U.S. When she gets back to the Philippines, her 1st divorce will not be recognized and 2nd fraudulent marriage falls under the criminal laws there. Nothing she did while in the U.S. was illegal under Philippine law (as far as I can tell... with regards to her divorces/marriage) except for the 1st divorce.

[Leatherneck 693]

I dunno why you want annulment. The Philippines will recognize your divorce. But she is screwed since she is a Philippine citizen, the Philippine will not likely recognize her divorce papers in the US (as far as I know)

Chan Robles has a very rich information on Philippine laws. I suggest you go read there.

http://www.chanroble...no021110sc.html

I think you better worry about your son. She can get him a Philippine passport anytime and go to the Philippines. Unfortunately for US fathers, the Philippines is not father-friendly either. While you may not be pressed with child support if they go to the Philippines, you may not see your son either. You CANNOT file for parental abduction since the Philippines is NOT a signatory of the Hague convention.

If I were you, focus on the kid. Get him before she flies to the Philippines with him

If I was the OP, I would be making plans to grab my kid, since she is likely to be removed from the U.S. Then she'll have to pursue him in family court for physical custody.

[Kang 22]

If I was the OP, I would be making plans to grab my kid, since she is likely to be removed from the U.S. Then she'll have to pursue him in family court for physical custody.

He SHOULD/MUST/OUGHT to be worried about the possibility of this woman being able to obtain Philippine passport (very easy) for the kid and fly to the Philippines with him rather than divorce or annulment papers because IMO that is the BIGGER problem if well the woman gets deported and decided to take the kid with her. I am sure he does NOT want to end up like this guy.

http://articles.latimes.com/2006/mar/13/local/me-abduct13

He can worry about divorce/annulment later.

Remember, the Philippines is NOT a Hague Convention signatory in Parental Abduction so having results like that father whose son was taken to Brazil is ZERO. It does not help that you are a "foreigner".

Edited November 9, 2011 by Kang

[Kang 22]

http://abpworld.wordpress.com/2011/06/26/abducted-to-the-philippines-parental-child-abduction/

The Philippines is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, nor are there any international or bilateral treaties in force between the Philippines and the United States dealing with international parental child abduction. Therefore, there is no treaty remedy by which the left behind parent would be able to pursue recovery of the child/ren should they be abducted to or wrongfully retained in the Philippines. Once in the Philippines, the child/ren would be completely subject to Philippine law for all matters including custody.

Edited November 9, 2011 by Kang

[ECS 3]

Thanks again for all the answers so far. Her individual removal hearing is scheduled for January. I filed for divorce and also a motion for Pre-Decree relief asking for full custody of our son. She responded that, among so many other things, that she also wants full custody of our son.

After all she has done, still this.....

[Kang 22]

Worry about your son more as she can make him full subject to philippine law and you may never see him again if she takes him to the philippines with her. Even the us embassy will not able to help you if that happens.

GOOD LUCK.

I hope the court sympsthizes with you. Given her background you may have a chance. I do hope so

[Leatherneck 693]

Thanks again for all the answers so far. Her individual removal hearing is scheduled for January. I filed for divorce and also a motion for Pre-Decree relief asking for full custody of our son. She responded that, among so many other things, that she also wants full custody of our son.

After all she has done, still this.....

As I stated, "If I was the OP, I would be making plans to grab my kid." She wants to stay here, therefore she will be here until the last minute. Start making plans now to grab your son and care for him, then she will have to fight you for physical custody. Then in court, you can introduce the fact she has been ordered removed to help you get awarded physical custody.

He SHOULD/MUST/OUGHT to be worried about the possibility of this woman being able to obtain Philippine passport (very easy) for the kid and fly to the Philippines with him rather than divorce or annulment papers because IMO that is the BIGGER problem if well the woman gets deported and decided to take the kid with her. I am sure he does NOT want to end up like this guy.

http://articles.lati...cal/me-abduct13

He can worry about divorce/annulment later.

Remember, the Philippines is NOT a Hague Convention signatory in Parental Abduction so having results like that father whose son was taken to Brazil is ZERO. It does not help that you are a "foreigner".

Yes you make a very valid point.

[Kang 22]

Just to deviate a bit, i thought the military do background checks if a serviceman is to marry a non-us citizen? How come this has slipped twice?

[TeapotGirl 66]

I dunno why you want annulment. The Philippines will recognize your divorce.

I dunno in the US law but annulment here means there's no marriage ever happened. The OP shouldn't have married her. She may not be legally bigamist in the US but still she shouldn't have stayed this long in the US and remarry for the 3rd time.

It's more of her immigration status, deportation and dissolving the marriage on the basis of fraud not bigamy or polygamy.

[reginakrys 33]

Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.

She can't get divorce legally from her first husband, unless she or her husband naturalized BEFORE they filed for divorce there in the States. If the divorce decree is invalid, then so are her second and third marriages. If they have gone through divorce legally, they are both free to remarry, under both US and Philippine laws.

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.

[Leatherneck 693]

She can't get divorce legally from her first husband, unless she or her husband naturalized BEFORE they filed for divorce there in the States. If the divorce decree is invalid, then so are her second and third marriages. If they have gone through divorce legally, they are both free to remarry, under both US and Philippine laws.

You mean under Philippine law, right? Because under U.S. law, she is legally divorced from the first husband.

I fully understand she is not divorced under Philippine law, I'm asking you if that is what you mean also?

[Leatherneck 693]

I dunno in the US law but annulment here means there's no marriage ever happened. The OP shouldn't have married her. She may not be legally bigamist in the US but still she shouldn't have stayed this long in the US and remarry for the 3rd time.

It's more of her immigration status, deportation and dissolving the marriage on the basis of fraud not bigamy or polygamy.

Oh yeah, she is a bigamist in the U.S. also. There very first reason USCIS wanted her removed.