Can my divorce be recognized in Philippines? Please help!!

[Cvespa 0]

Hello,

I hope someone can help me with my situation. I got married in the Philippines to a US citizen. He then brought me and my daughter with him to America. After 5 years of marriage I filed for divorce when I found out he was abusing my daughter (not sexually but he would hit her and I found bruises on her inner thigh). At the time I filed for divorce, I was this a Filipino citizen and I did not become a US citizen until 2 years later.

Now I am a US citizen and engaged to marry another US citizen. My ex-husband has since then remarried and I have had no contact with him since 2008. From what I read about Philippine law, my divorce will not be recognized in the Philippines because it was not the foreign national that petitioned the divorce and at that time I was still a Philippine citizen.

I know I am getting married to another US citizen and maybe this is not an issue in the US but what about the Philippines. Can I be accused of bigamy in the Philippines? What if I go back to live in the Philippines, will my new marriage be recognized? Would this affect future property owned in the Philippines? I suppose I would be safe if I stay as a US citizen and not get dual citizenship and live in the Philippines as a foreign national.

What do you guys think?? Thank you in advance!

[English Muffin 59]

** Moving from US Citizenship forum to Philippines regional forum. **

[Lingladyinred19 13]

Hello,

I hope someone can help me with my situation. I got married in the Philippines to a US citizen. He then brought me and my daughter with him to America. After 5 years of marriage I filed for divorce when I found out he was abusing my daughter (not sexually but he would hit her and I found bruises on her inner thigh). At the time I filed for divorce, I was this a Filipino citizen and I did not become a US citizen until 2 years later.

Now I am a US citizen and engaged to marry another US citizen. My ex-husband has since then remarried and I have had no contact with him since 2008. From what I read about Philippine law, my divorce will not be recognized in the Philippines because it was not the foreign national that petitioned the divorce and at that time I was still a Philippine citizen.

I know I am getting married to another US citizen and maybe this is not an issue in the US but what about the Philippines. Can I be accused of bigamy in the Philippines? What if I go back to live in the Philippines, will my new marriage be recognized? Would this affect future property owned in the Philippines? I suppose I would be safe if I stay as a US citizen and not get dual citizenship and live in the Philippines as a foreign national.

What do you guys think?? Thank you in advance!

hello kabayan

try to join to this link,, madaming mga pinay same case sa iyo..

http://theworldoffilipinas.com/

[GaryKO 49]

Hello,

I hope someone can help me with my situation. I got married in the Philippines to a US citizen. He then brought me and my daughter with him to America. After 5 years of marriage I filed for divorce when I found out he was abusing my daughter (not sexually but he would hit her and I found bruises on her inner thigh). At the time I filed for divorce, I was this a Filipino citizen and I did not become a US citizen until 2 years later.

Now I am a US citizen and engaged to marry another US citizen. My ex-husband has since then remarried and I have had no contact with him since 2008. From what I read about Philippine law, my divorce will not be recognized in the Philippines because it was not the foreign national that petitioned the divorce and at that time I was still a Philippine citizen.

I know I am getting married to another US citizen and maybe this is not an issue in the US but what about the Philippines. Can I be accused of bigamy in the Philippines? What if I go back to live in the Philippines, will my new marriage be recognized? Would this affect future property owned in the Philippines? I suppose I would be safe if I stay as a US citizen and not get dual citizenship and live in the Philippines as a foreign national.

What do you guys think?? Thank you in advance!

If you were a Philipine citizen at the time of your divorce, and you were the "complainant" or "petitioner" then you are still married to your former spouse in the Philippines, and you "cannot" have your divorce reconzied in the Phills courts. Your new marriage cannot be recorded in the Phills because your already married to someone else there. Yes someone could report you that your married to two people if you go back to the Phills, if they wanted too. Your only choice is to file for annulment of your Philipne marriage, that can take 3 years and $3000.00. As for future property owned in the Phills, you would need to have your Philipine citizenship back, and being legally married to your ex-husband there would probably cause some problems. It does not matter if your stay a US citizen or get dual citizenship and live in the Phills, you will be married to your ex-husband there until you get an annulment from him.

There are some cases where a couple have refiled the divorce, just a uncontested divorce where both parties sign, you can contact your ex-husband and see if he will agree to this. This way you can be the petitioner if your now a US citizen. You could then have this divorce reconzied in the Phills.

I am not a lawyer, .....You really need to talk to a lawyer in the Phills, if you can find one you can trust.

[Hank_ 9,174]

If you were a Philipine citizen at the time of your divorce, and you were the "complainant" or "petitioner" then you are still married to your former spouse in the Philippines, and you "cannot" have your divorce reconzied in the Phills courts. Your new marriage cannot be recorded in the Phills because your already married to someone else there. Yes someone could report you that your married to two people if you go back to the Phills, if they wanted too. Your only choice is to file for annulment of your Philipne marriage, that can take 3 years and $3000.00. As for future property owned in the Phills, you would need to have your Philipine citizenship back, and being legally married to your ex-husband there would probably cause some problems. It does not matter if your stay a US citizen or get dual citizenship and live in the Phills, you will be married to your ex-husband there until you get an annulment from him.

There are some cases where a couple have refiled the divorce, just a uncontested divorce where both parties sign, you can contact your ex-husband and see if he will agree to this. This way you can be the petitioner if your now a US citizen. You could then have this divorce reconzied in the Phills.

I am not a lawyer, .....You really need to talk to a lawyer in the Phills, if you can find one you can trust.

Well not really. She is a U.S. Citizen now, she does not need to take dual citizenship. Not being a Philippine citizen means she doesn't need her divorce recognized.... as it does not apply being she is a U.S. citizen.

(She can still own property in the Philippines without dual citizenship)

Edited August 16, 2013 by Hank_

[GaryKO 49]

Well not really. She is a U.S. Citizen now, she does not need to take dual citizenship. Not being a Philippine citizen means she doesn't need her divorce recognized.... as it does not apply being she is a U.S. citizen.

(She can still own property in the Philippines without dual citizenship)

Not at all,,,,since she was a Philipine citizen at the time she got a US divorce, she will always be married to her ex-husband in the PI even after getting her US citizenship. Being a US citizen just makes it worse, because she can't even file for anullment, only Philipine citizens can do that.

If she had got the divorce after she became a US citizen then what you think Hank would be true.

Yeah she can own land as a former Philipine citizen, but with limitations. I think its 1 hector in the city and 3 hectors in the rual area. I think also there are limitatations on the size of a house in sq meters.

Probably if she is going to live in the PI, she would want to get dual citizenship.

It is a stupid law, but its the law....just read the family code.

[Hank_ 9,174]

Not at all,,,,since she was a Philipine citizen at the time she got a US divorce, she will always be married to her ex-husband in the PI even after getting her US citizenship. Being a US citizen just makes it worse, because she can't even file for anullment, only Philipine citizens can do that.

If she had got the divorce after she became a US citizen then what you think Hank would be true.

Yeah she can own land as a former Philipine citizen, but with limitations. I think its 1 hector in the city and 3 hectors in the rual area. I think also there are limitatations on the size of a house in sq meters.

Probably if she is going to live in the PI, she would want to get dual citizenship.

It is a stupid law, but its the law....just read the family code.

Key word in all of that is WAS. She was a Philippine citizen.

The catholic church has way too much control regarding the laws.

[GaryKO 49]

Key word in all of that is WAS. She was a Philippine citizen.

The catholic church has way too much control regarding the laws.

Philippine law still does not support divorce. It does not afford Filipinos the right to file for a divorce, whether they are in the country or living abroad, if they are married to Filipinos or to foreigners, or if they celebrated their marriage in the Philippines or in another country. The legal basis is Art. 15 of the New Civil Code, which reads:

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Since she WAS a Filipino citizen at the time of her divorce she was still subject to the laws of the Philippines. Becoming a naturalized US citizen after the divorce does not alter this.

The easiest way for the OP to get her divorce reconized in the PI is to re-file a new divorce petition now that she is a US citizen,or wait and hope divorce is made legal in the PI.

[Hank_ 9,174]

Philippine law still does not support divorce. It does not afford Filipinos the right to file for a divorce, whether they are in the country or living abroad, if they are married to Filipinos or to foreigners, or if they celebrated their marriage in the Philippines or in another country. The legal basis is Art. 15 of the New Civil Code, which reads:

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Since she WAS a Filipino citizen at the time of her divorce she was still subject to the laws of the Philippines. Becoming a naturalized US citizen after the divorce does not alter this.

The easiest way for the OP to get her divorce reconized in the PI is to re-file a new divorce petition now that she is a US citizen,or wait and hope divorce is made legal in the PI.

Yes she was. But not now.

So if she is not now a citizen of the Philippines it sort of a "who shives a git".

Unless she would like to be a dual citizen and spend the money to do the annulment process... no one cares.

[GaryKO 49]

Yes she was. But not now.

So if she is not now a citizen of the Philippines it sort of a "who shives a git".

Unless she would like to be a dual citizen and spend the money to do the annulment process... no one cares.

I think she cares Hank!

[Hank_ 9,174]

Well if she does she for sure has gotten her answer.

If it matters to her and she wants to retain dual citizenship, have her new marriage recorded in the Philippines ... then she will have to spend the big bucks for the annulment process.

She could go back and live in the Philippines without being a dual citizen, just have to leave for a day once a year... like many other USC.