USC, but ex-wife filed for divorce

[guyneedsanswer 0]

Hi! New to visajourney. And this has been bugging me for awhile.

Im a filipino US citizen that got married to a filipina in 2011. Went through the Spouse visa and she was able to come to the US in 2013.

Her demeanor changed. And after a year of arguments left to live with her cousin. SHE filed for divorce in 2014 and it was finished this year.

Now my questions:

Can I get remarried in the Philippines?

Will the divorce be accepted in the Philippines?

If not, what should I do?

Edited September 5, 2015 by guyneedsanswer

[pk2826 0]

This is not an advertisement but taken from a website may answer question:

As a general rule, the Philippines does not adhere to divorce. However, by way of exception to this general rule, the Philippines now recognizes a foreign decree of divorce granted by a foreign court to an alien spouse of a Filipino.

For instance, Juan, a Filipino, is married to Jane, an American. If Jane files for a divorce and this is eventually granted by the American court, then such decree can be recognized here in the Philippines. Juan must first file for a Recognition of Foreign Divorce before the appropriate court here in the Philippines before he can benefit from such foreign decree.

The law granting the recognition of foreign divorce in the Philippines was made for the benefit of the Filipino spouse who was left by his or her foreign spouse. It allows the Filipino spouse to enter into another marriage after the divorce decree has been recognized. This is because it is absurd to prohibit the Filipino spouse from marrying another person when his ex-spouse is already forming another family with a new spouse.

It is important to note that this law was originally intended for mixed marriages only, i.e. marriage between a Filipino and a foreigner. But now, it is also applicable to marriages between Filipinos where one of the parties have become a naturalized citizen of another country.

Thus, it is now safe to say that although the Philippines does not adhere to divorce, Filipinos, who are left by their foreigner or naturalized spouse, may now have their marriage dissolved here in the Philippines – that is through judicial recognition of foreign divorce.

<http://domingo-law.com/foreign-divorce-recognized-in-the-philippines/>

[guyneedsanswer 0]

Interesting. I really hope this is true if my ex-wife was the one that filed. I don't want to be in deep if I do get married again.

So for now all I need is the divorce decree to give to a lawyer in the philippines to get this recognized and done?

[j&ana 363]

While the above post is correct. However the american citizen must be the one to file the divorce. In your case your ex Filipina wife file. The Philippines will not reconize the divorce for her.I do not know if it matters for you since you are american citizen and you were divorce in U.S

You should google the Family code of the Philippines

Edited September 6, 2015 by j&ana

[j&ana 363]

If you can not get remarry in the Philippines. And want to marry another Filipina you could do the K-1 fiancee visa

[j&ana 363]

While the above post is correct. However the american citizen must be the one to file the divorce. In your case your ex Filipina wife file. The Philippines will

not reconize the divorce for her.I do not know if it matters for you since you are american citizen and you were divorce in U.S

You should google the Family code of the Philippines

i should of wrote if the american or foreign spouse of a Philippines citizen files the divorce first

and also wrote you are a

U.S citizen and not american citizen in the above post

Edited September 6, 2015 by j&ana

[Greenbaum 12,259]

If you are a USC, which it sounds like you are, then there is nothing you need to do that deals with filing anything in the Philippines at this time. If you indeed pursue a new relationship with a Filipina then of course, you'll need the divorce papers from the now ended marriage. Be sure to get certified court papers for your divorce now and file away for safe keeping.

[guyneedsanswer 0]

Thank you greenbaum. So annulment will not be needed then?

[Greenbaum 12,259]

Thank you greenbaum. So annulment will not be needed then?

Nope. Your a USC, your divorce papers are enough to process again.

[guyneedsanswer 0]

Thank you again Greenbaum. I needed this for peace of mind. My aunt is trying to fix me up...and if it works out?...well that's why I needed the answers.

Thank you all who have responded. I appreciate the help.

[Hank_ 9,174]

Hi! New to visajourney. And this has been bugging me for awhile.

Im a filipino US citizen that got married to a filipina in 2011. Went through the Spouse visa and she was able to come to the US in 2013.

Her demeanor changed. And after a year of arguments left to live with her cousin. SHE filed for divorce in 2014 and it was finished this year.

Now my questions:

Can I get remarried in the Philippines?

Will the divorce be accepted in the Philippines?

If not, what should I do?

You are a USC, as long as you have a copy of the divorce decree there is no issue having it accepted (for you), doesn't matter whether you filed or your EX. It does matter for her....

[Mike&Lin 39]

Hi! New to visajourney. And this has been bugging me for awhile.

Im a filipino US citizen that got married to a filipina in 2011. Went through the Spouse visa and she was able to come to the US in 2013.

Her demeanor changed. And after a year of arguments left to live with her cousin. SHE filed for divorce in 2014 and it was finished this year.

Now my questions:

Can I get remarried in the Philippines?

Will the divorce be accepted in the Philippines?

If not, what should I do?

You are a USC, as long as you have a copy of the divorce decree there is no issue having it accepted (for you), doesn't matter whether you filed or your EX. It does matter for her....

I'm thinking it could be more complicated. Are you a dual citizen of both the US and Philippines? If that is the case then you would probably need to have the marriage annulled in the Philippines before you could be married in the Philippines. Additionally, if you are Catholic you would also need a decree of nullity from the Church before you can get married again in the Church.

[Hank_ 9,174]

I'm thinking it could be more complicated. Are you a dual citizen of both the US and Philippines? If that is the case then you would probably need to have the marriage annulled in the Philippines before you could be married in the Philippines. Additionally, if you are Catholic you would also need a decree of nullity from the Church before you can get married again in the Church.

No annulment necessary. Catholic church another story

[guyneedsanswer 0]

No annulment necessary. Catholic church another story

We were not married at a church if that helps any

We were married before a judge

Im not sure if I have dual citizenship. I was petitioned here before I was 3 years old.

Edited September 21, 2015 by guyneedsanswer

[Hank_ 9,174]

We were not married at a church if that helps any

We were married before a judge

Im not sure if I have dual citizenship. I was petitioned here before I was 3 years old.

As far as the government goes doesn't matter how you were married. Because you are a USC the divorce decree will be accepted in the Phils.

As for dual citizen, you were born in the Phils and have U.S. citizenship, you can apply for dual citizenship if you wanted.

Edited September 21, 2015 by Hank_