Got married in PI, Became USC, now divorced

[Gumbolette 58]

Good day my fellow Vjrs,

Its been quite sometime since I posted in this forum. Its been hectic. SN: (currently processing my mother's paperwork)

I have few questions though regarding how family laws covers in the Philippines about my situation.

When I filed for divorce, I was being processed to become USC, when the divorce got finalized. I have been with the greatest man I have ever met who is also the father of our unborn child.

We are planning to get married sometime this year here and also in the Philippines for buying few properties wise.

I was told that if the USC spouse filled for divorce, which in our case we were both USC when the divorce got finalized... few of our good friends here said, that i just need to bring the divorce decree to void my marriage in the Philippines from my ex...

HOW TRUE is this?

thank you very much for your inputs.

Regards,

Cutie_Patootie

Edited January 18, 2014 by Cutie_Patootie

[Greenbaum 12,259]

Cutie_Patootie, on 18 Jan 2014 - 03:13 AM, said:

Good day my fellow Vjrs,

Its been quite sometime since I posted in this forum. Its been hectic. SN: (currently processing my mother's paperwork)

I have few questions though regarding how family laws covers in the Philippines about my situation.

When I filed for divorce, I was being processed to become USC, when the divorce got finalized. I have been with the greatest man I have ever met who is also the father of our unborn child.

We are planning to get married sometime this year here and also in the Philippines for buying few properties wise.

I was told that if the USC spouse filled for divorce, which in our case we were both USC when the divorce got finalized... few of our good friends here said, that i just need to bring the divorce decree to void my marriage in the Philippines from my ex...

HOW TRUE is this?

thank you very much for your inputs.

Regards,

Cutie_Patootie

The divorce won't be recognized in the Philippines if initiated by a Philippine national, but will be recognized if initiated by a U.S. citizen. To "clear her marriage registry record," the Filipina must obtain copies (certified) of the Stateside divorce docs and get them accepted by the National Statistics Office.

[makulit909 4]

You would need to bring a certified copy of your divorce decree to file in Philippine court a recognition of the divorce decree. Try this link.. http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

"Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner."

[Hank_ 9,174]

Good day my fellow Vjrs,

Its been quite sometime since I posted in this forum. Its been hectic. SN: (currently processing my mother's paperwork)

I have few questions though regarding how family laws covers in the Philippines about my situation.

When I filed for divorce, I was being processed to become USC, when the divorce got finalized. I have been with the greatest man I have ever met who is also the father of our unborn child.

We are planning to get married sometime this year here and also in the Philippines for buying few properties wise.

I was told that if the USC spouse filled for divorce, which in our case we were both USC when the divorce got finalized... few of our good friends here said, that i just need to bring the divorce decree to void my marriage in the Philippines from my ex...

HOW TRUE is this?

thank you very much for your inputs.

Regards,

Cutie_Patootie

I have a feeling that whether you were a USC when you petitioned for the divorce or not the Philippines will not accept it (are you a dual citizen?), I think they will only accept the divorce if petitioned by the person who is not a Philippine citizen. More than likely you will have to do the annulment process to remove your previous marriage from the records. But this is just my gut feeling.

I would recommend you contact an attorney in the Philippines to get the facts.

Question. "get married sometime this year here and also in the Philippines" , are you talking two marriage with two marriage certificates? Once you are married in the USA you are married everywhere, all you will need to do for the Philippines to know you are married is to do the Report of Marriage.

Edited January 18, 2014 by Hank_

[Darnell 8,478]

uh - sorry, usually when folk write of the USC in the context you are writing,

they do mean the human that signed the I-864.

So, rethink, refactor your plans a bit, O Cutie Patootie, since you were the petitioner in the divorce proceedings, not the respondent.

[notusinganymore 31]

I have the same feeling as Hank and Darnell. The USC is the petitioner who signs the I864 or it doesn't pertain to you being a "new" US citizen.

You can only get married one at a time. You can just do a celebration for the US or PH.

[merkin&regine 18]

HI everyone,

This is a topic that my husband personally experienced.

#1. I'm afraid Hank is wrong about the Philippines not to be able to recognize the divorce decree in US coz the previous Filipino filed for it. As long as you are already a USC by the time the divorce was finalized, you are OK for petition for recognition of foreign judgement, in this case, the divorce decree.

#2. There's a reason why they want to have her marriage in the Philippines taken out of NSO records and it's because of properties. Although, Marriage in US can be reported via Philippine Consulate in US via report of Marriage, this does not dissolve the previous marriage in the Philippines.

Now, although her previous spouse has nothing to do with the property that her and the new spouse will buy in the Philippines (but could be argued in court), as she's legally divorced in US, the next of Kin based on NSO records will be the previous spouse. So, if she dies, the previous husband gets to claim the inheritance.

When trying to invest in the Philippines, it is very important that you have your divorce decree recognized in the Philippines.

Now, there's one info in this case that i didn't get to know for sure, Is your future husband a natural born USC? if so, he can't own a lot in the Philippines, a condo maybe but with limitations. A foreigner can own a lot in the Philippines only if it was inherited from someone (the only exception).

Good luck to you guys but i still would recommend you having your divorce decree recognized. I do know lawyers who can do it for you and I do have the requirements for it too if you want. But you need a lawyer to file the petition for you.

Edited January 18, 2014 by merkin78

[merkin&regine 18]

Good day my fellow Vjrs,

Its been quite sometime since I posted in this forum. Its been hectic. SN: (currently processing my mother's paperwork)

I have few questions though regarding how family laws covers in the Philippines about my situation.

When I filed for divorce, I was being processed to become USC, when the divorce got finalized. I have been with the greatest man I have ever met who is also the father of our unborn child.

We are planning to get married sometime this year here and also in the Philippines for buying few properties wise.

I was told that if the USC spouse filled for divorce, which in our case we were both USC when the divorce got finalized... few of our good friends here said, that i just need to bring the divorce decree to void my marriage in the Philippines from my ex...

HOW TRUE is this?

thank you very much for your inputs.

Regards,

Cutie_Patootie

By the way, your friends are wrong, you can't just bring the US divorce decree to the Philippines and have your marriage dissolved in the Philippines as Philippines is a sovereign country and they don't have to accept any foreign judgement.

It will have to be petitioned to be recognized in the Philippines for a judge to issue a final order of recognition.

[Hank_ 9,174]

Thanks for the information... always learning.

[Darnell 8,478]

ya, I think it's time to check in with Holly GoLightly here - she knows this stuff.

[Gumbolette 58]

THANK YOU ALL for your inputs!

Merkin, this information is so valuable. Thank you very much.

My fiance' is natural born USC.

HI everyone,

This is a topic that my husband personally experienced.

#1. I'm afraid Hank is wrong about the Philippines not to be able to recognize the divorce decree in US coz the previous Filipino filed for it. As long as you are already a USC by the time the divorce was finalized, you are OK for petition for recognition of foreign judgement, in this case, the divorce decree.

#2. There's a reason why they want to have her marriage in the Philippines taken out of NSO records and it's because of properties. Although, Marriage in US can be reported via Philippine Consulate in US via report of Marriage, this does not dissolve the previous marriage in the Philippines.

Now, although her previous spouse has nothing to do with the property that her and the new spouse will buy in the Philippines (but could be argued in court), as she's legally divorced in US, the next of Kin based on NSO records will be the previous spouse. So, if she dies, the previous husband gets to claim the inheritance.

When trying to invest in the Philippines, it is very important that you have your divorce decree recognized in the Philippines.

Now, there's one info in this case that i didn't get to know for sure, Is your future husband a natural born USC? if so, he can't own a lot in the Philippines, a condo maybe but with limitations. A foreigner can own a lot in the Philippines only if it was inherited from someone (the only exception).

Good luck to you guys but i still would recommend you having your divorce decree recognized. I do know lawyers who can do it for you and I do have the requirements for it too if you want. But you need a lawyer to file the petition for you.

[merkin&regine 18]

Thanks for the information... always learning.

We all are Hank

THANK YOU ALL for your inputs!

Merkin, this information is so valuable. Thank you very much.

My fiance' is natural born USC.

You're welcome

Edited January 19, 2014 by merkin78

[n and m 10]

Good day my fellow Vjrs,

Its been quite sometime since I posted in this forum. Its been hectic. SN: (currently processing my mother's paperwork)

I have few questions though regarding how family laws covers in the Philippines about my situation.

When I filed for divorce, I was being processed to become USC, when the divorce got finalized. I have been with the greatest man I have ever met who is also the father of our unborn child.

We are planning to get married sometime this year here and also in the Philippines for buying few properties wise.

I was told that if the USC spouse filled for divorce, which in our case we were both USC when the divorce got finalized... few of our good friends here said, that i just need to bring the divorce decree to void my marriage in the Philippines from my ex...

HOW TRUE is this?

thank you very much for your inputs.

Regards,

Cutie_Patootie

So, when YOU filed/initiated and even when the divorced was finalized you were not a USC yet by then? If so, Im afraid you might have problems with this because the Family Code of the Philippines only acknowledged divorced decree filed or initiated by a foreign spouse or from a person who is a citizen of a country that recognized divorce. Since YOU were the one who filed the divorce, it is important that at the time the divorce was filed you were already a USC for it to be recognizable in the Philippine jurisdiction.

[Hank_ 9,174]

Being NOT a U.S. citizen at the time of filing... won't be accepted. Nice catch.

[mai95 4]

Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

http://www.philippineconsulatela.org/FAQs/FAQS-legal.htm