USC divorced Pinay, how can the Pinay get re-married in the PH?

[POA 178]

I do not understand the statement( " She and her pinoy partner married in the Church but of course no legal paperwork involved".) In your post. There would of had to be some kind of paperwork regardless if it was a church or civil wedding to make the marriage legal. Marriage certificate would of had to be sent to the NSO.

If the USC citizen file the divorce in the USA then the Philippine government should recognize it. but as mention, you might have to file a case with the court there to get it recognize.

It would probably help a lot if you could get the divorce papers or record from the court where the divorce was filed. I am not sure but.that might show who the petition was that file the divorce

I understand the confusion. They have a family friend who happened to be a priest and agreed to conduct a wedding ceremony without registering it. It is solely for religious reason since they could live together as husband and wife even without legal paper works involved.

Since the USC initiated the divorce, the Pinay can file a case with the court to get the divorce recognized. It isn't necessarily a given that it will be approved however, and in the case it is denied, then she would need to go down the annulment path...

http://www.hg.org/article.asp?id=20090

This is one thing I didn't know. Thanks for the info. :0

[POA 178]

POA, you said that there's no legal paperwork involved in your friend's church wedding. It is not an official wedding so the only way for them to be legally husband and wife is to get married again with all the necessary paperwork properly filed (marriage license etc..).

Of course provided that NSO acknowledges the divorce decree first. So get that doc ASAP!!!

Thanks apple21. You are right. They did it for religious reason. (Just so they could live in together). So the pinay still use her maiden name since she never changed it even after getting married to the USC. I will let her know. Thanks again!

The first question that needs to be answered is it recorded anywhere in the Philippines? If the answer is no, then she will have a clean NSO and CENOMAR to use to get married again. If she recorded the marriage to the USC in the Philippines and the USC divorced her, then she needs to get a copy of the divorce documents (certified true) and follow the steps to have it officially recorded and dissolved through the Philippines court system.

I have posted in another thread the steps that need to be taken. (Some here call the process annulment but it is the recording of the divorce initiated by a USC) Do a search and you will find it. If you are unable to private an email to me and I will give you the step by step instructions. I have done this before so I am versed in the steps.

Hi Greenbaum,

I think it is recorded in the PH. But I can confirm. I will also try to look for the post you had. I will message you in case I could not find it. It is really helpful to hear it from the one who processed it himself. :0

Thanks again!

[E K 4]

When the foreigner spouse initiated the divorce, the Filipino can re married. But if the Filipino spouse initiated the divorce in the US, the Filipino spouse cannot remarried. The only way that the filipino spouse can remarry is when she files for a petition for nullity of marriage or annulment in the Philippine courts ( at kung granted)

Now if the foreigner spouse initiated the divorce proceedings, what the filipino spouse can do it to file a petition for recognition of foreign divorce. This is a court proceedings. If the foreign divorce will be recognized, the Filipoino spouse needs to follow up this decision with the local civil registrar where they had their marriage registered and further with national statistics office. This is important so that in the marriage contract between the foreigner spouse and filipino spouse there would exist an annotation that the marriage has been legally terminated. Also important so that in the CENOMAR of the filipino spouse, it would now indicate the marriage has been terminated thus available to remarry.

[POA 178]

When the foreigner spouse initiated the divorce, the Filipino can re married. But if the Filipino spouse initiated the divorce in the US, the Filipino spouse cannot remarried. The only way that the filipino spouse can remarry is when she files for a petition for nullity of marriage or annulment in the Philippine courts ( at kung granted)

Now if the foreigner spouse initiated the divorce proceedings, what the filipino spouse can do it to file a petition for recognition of foreign divorce. This is a court proceedings. If the foreign divorce will be recognized, the Filipoino spouse needs to follow up this decision with the local civil registrar where they had their marriage registered and further with national statistics office. This is important so that in the marriage contract between the foreigner spouse and filipino spouse there would exist an annotation that the marriage has been legally terminated. Also important so that in the CENOMAR of the filipino spouse, it would now indicate the marriage has been terminated thus available to remarry.

That is really detailed. Thank you EK!

[zuluweta 250]

When the foreigner spouse initiated the divorce, the Filipino can re married. But if the Filipino spouse initiated the divorce in the US, the Filipino spouse cannot remarried. The only way that the filipino spouse can remarry is when she files for a petition for nullity of marriage or annulment in the Philippine courts ( at kung granted)

Now if the foreigner spouse initiated the divorce proceedings, what the filipino spouse can do it to file a petition for recognition of foreign divorce. This is a court proceedings. If the foreign divorce will be recognized, the Filipoino spouse needs to follow up this decision with the local civil registrar where they had their marriage registered and further with national statistics office. This is important so that in the marriage contract between the foreigner spouse and filipino spouse there would exist an annotation that the marriage has been legally terminated. Also important so that in the CENOMAR of the filipino spouse, it would now indicate the marriage has been terminated thus available to remarry.

Perfect response!

[Hank_ 9,174]

Hello guys!

It's been a while since I posted. I hope I posting in the correct forum. Anyway, a little background,

PInay and USC married in the PH years ago, the USC stayed in the PH for a few months. He went back to the US and didn't file any petition (as much as I know). He divorced the Pinay then got remarried with another USC. The pinay wanted to get re-married in the PH with a pinoy ( no US immigration intention). However, she said that she can't because her marriage with the USC is still valid since it was not annulled in the PH. She and her pinoy partner married in the Church but of course no legal paperwork involved.

I read something in the forum that if the USC filed for divorce, it will be recognized in the PH. The pinay never went to the US and stayed in the PH.

The question are:

1. What are the process to be taken by the pinay to get some proof that the marriage is no longer valid. (She wanted to get her marriage with her current partner to be recognized in the PH).

2. Or, is her filling an annulment the only way to get her church wedding legalized?

Thanks in advance!

The Filipina needs a certified copy of the divorce decree from the USC, she can then have the divorce recognized in the Philippines being the USC initialed the divorce.

Yes, you need to file for annulment in the philippines since they get married there.

Not true, if the Filipina has a copy of the divorce decree.

Edited July 15, 2015 by Hank_