Philippine divorce and CENOMAR

[wiredog 1]

Looking for anyone with experience in our situation. My Philippine is divorced. Please don't bother telling me that there are no divorces in the Philippines... there are and she is. In any case, she presented her annotated marriage certificate and her divorce decree to the interviewer at the embassy in Manila. All went well but the interviewer said she must submit a CENOMAR and he sent her to the NSO. She applied for the CENOMAR and was told it would be sent to the embassy. The question is this, everything I read indicates the CENOMAR is only for single people or annulled marriages so how can a CENOMAR be issued to someone who is divorced? In all lists of documents required for the interview the lists includes a CENOMAR for single people and then lists the annotated marriage certificate and divorce decree for divorced people. So now our case in in a status of administrative hold pending receipt of a CENOMAR. Will the NSO issue a CENOMAR for a divorcee? She said she submitted her divorce decree to the NSO right after divorce a year ago so the NSO should certainly have the divorce recorded.

Any ideas anyone? Has anyone processed a K1 successfully with a divorce in the Philippines rather than annulment?

[Pitaya 2,577]

~Moved from K1 Process to Phil.Regional Forum~

~Inquiry is country-specific~

[PatGia 16]

I do have some specific knowledge on this, if you can provide some information. Where did the divorce take place, and who initiated the divorce? The process really depends on those two answers.

Edited October 30, 2015 by PatGia

[PHIL > AZ 6]

Looking for anyone with experience in our situation. My Philippine is divorced. Please don't bother telling me that there are no divorces in the Philippines... there are and she is. In any case, she presented her annotated marriage certificate and her divorce decree to the interviewer at the embassy in Manila. All went well but the interviewer said she must submit a CENOMAR and he sent her to the NSO. She applied for the CENOMAR and was told it would be sent to the embassy. The question is this, everything I read indicates the CENOMAR is only for single people or annulled marriages so how can a CENOMAR be issued to someone who is divorced? In all lists of documents required for the interview the lists includes a CENOMAR for single people and then lists the annotated marriage certificate and divorce decree for divorced people. So now our case in in a status of administrative hold pending receipt of a CENOMAR. Will the NSO issue a CENOMAR for a divorcee? She said she submitted her divorce decree to the NSO right after divorce a year ago so the NSO should certainly have the divorce recorded.

Any ideas anyone? Has anyone processed a K1 successfully with a divorce in the Philippines rather than annulment?

Hello. My wife and I have had to go through the process of getting the CEMAR/CENOMAR. Along the way we learned that for married people the document is actually called a CEMAR, and is for married people. The CEMAR proves that you are married to someone else. The CENOMAR proves the opposite, that you aren't married to anyone. If your wife had her marriage annulled it should show up on whichever document the NSO issues. The CEMAR and CENOMAR are pretty much the same document but it takes on a different name depending on whether your married or not.

As long as she got her annulment and it has been recognized by the NSO then you shouldn't have a problem.

[Hank_ 9,174]

Looking for anyone with experience in our situation. My Philippine is divorced. Please don't bother telling me that there are no divorces in the Philippines... there are and she is. In any case, she presented her annotated marriage certificate and her divorce decree to the interviewer at the embassy in Manila. All went well but the interviewer said she must submit a CENOMAR and he sent her to the NSO. She applied for the CENOMAR and was told it would be sent to the embassy. The question is this, everything I read indicates the CENOMAR is only for single people or annulled marriages so how can a CENOMAR be issued to someone who is divorced? In all lists of documents required for the interview the lists includes a CENOMAR for single people and then lists the annotated marriage certificate and divorce decree for divorced people. So now our case in in a status of administrative hold pending receipt of a CENOMAR. Will the NSO issue a CENOMAR for a divorcee? She said she submitted her divorce decree to the NSO right after divorce a year ago so the NSO should certainly have the divorce recorded.

Any ideas anyone? Has anyone processed a K1 successfully with a divorce in the Philippines rather than annulment?

Everyone is required to submit the CENOMAR with the K-1 visa application. It is listed in the embassy instructions letter. If married when requesting a CENOMAR from NSO (PSA) they will issue a CEMAR. If the divorce was recognized by NSO (PSA) it will be annotated on the CEMAR. Everything should be fine.

[cristina16 81]

Looking for anyone with experience in our situation. My Philippine is divorced. Please don't bother telling me that there are no divorces in the Philippines... there are and she is. In any case, she presented her annotated marriage certificate and her divorce decree to the interviewer at the embassy in Manila. All went well but the interviewer said she must submit a CENOMAR and he sent her to the NSO. She applied for the CENOMAR and was told it would be sent to the embassy. The question is this, everything I read indicates the CENOMAR is only for single people or annulled marriages so how can a CENOMAR be issued to someone who is divorced? In all lists of documents required for the interview the lists includes a CENOMAR for single people and then lists the annotated marriage certificate and divorce decree for divorced people. So now our case in in a status of administrative hold pending receipt of a CENOMAR. Will the NSO issue a CENOMAR for a divorcee? She said she submitted her divorce decree to the NSO right after divorce a year ago so the NSO should certainly have the divorce recorded.

Any ideas anyone? Has anyone processed a K1 successfully with a divorce in the Philippines rather than annulment?

You mentioned that she submitted an Annotated marriage certificate (from NSO/ PSA?), have you seen it? Does it says that their marriage was ended by virtue of a divorce? The MC has the annotation because she submitted the divorce decree. You are not clear on how she got divorced but definitely it was not filled and granted in the Philippines. A Filipina wife can be divorced by a foreign husband and yes, she will have a divorce decree with that. If it was recognized by NSO/ PSA with the issuance of an annotated MC, then you should have no problem getting a CEMAR with the same annotation.

Whatever is the annotation on the MC, that will reflect on the CENOMAR/ CEMAR. CEMAR- Certificate of Marriage but with annotation that it was dissolved by virtue of a divorce or annulment.

[Hank_ 9,174]

You mentioned that she submitted an Annotated marriage certificate (from NSO/ PSA?), have you seen it? Does it says that their marriage was ended by virtue of a divorce? The MC has the annotation because she submitted the divorce decree. You are not clear on how she got divorced but definitely it was not filled and granted in the Philippines. A Filipina wife can be divorced by a foreign husband and yes, she will have a divorce decree with that. If it was recognized by NSO/ PSA with the issuance of an annotated MC, then you should have no problem getting a CEMAR with the same annotation.

Whatever is the annotation on the MC, that will reflect on the CENOMAR/ CEMAR. CEMAR- Certificate of Marriage but with annotation that it was dissolved by virtue of a divorce or annulment.

Divorce is possible in the Philippines ... time to do some research.

[cristina16 81]

Unless you know the laws in my country than I do. There is no Divorce Law in the Philippines- not yet as of this writing.

I stand by my statement, divorce can only be recognized if done by the non-Filipino spouse and was granted abroad. The Filipino spouse can file the implementation of the divorces in the Philippines and can be allowed to re-marry .

Maybe a road to it, but not yet signed into Law nor have amended the Family Code.

The House of Representatives approved on a third and final reading the proposed law, which would allow Filipinos to remarry after being granted a divorce abroad.

The bill, which seeks to amend the Family Code of the Philippines, proposes to recognize a divorce obtained by a foreign spouse in another country without the need to seek judicial recognition. A similar bill awaits Senate approval before President Benigno Aquino can sign it into law.

“The bill will only require the Filipino spouse to submit a duly authenticated copy of the decree of absolute divorce,” said Rep. Rufus Rodriguez, one of the authors of the bill.

Aside from recognizing the capacity of the Filipino spouse to remarry, the proposed statute also simplifies the process of recognition of a foreign judgment of divorce obtained by a foreign spouse.

[PatGia 16]

Cristina16, from everything I know about it you are completely correct. Also, from what I have learned, it is an actual legal process, Judicial Recognition of Foreign Divorce, to get the divorce officially on file at the NSO.

There are two burdens of proof for the process. This info assumes a U.S. spouse, but similar for other countries. The first is providing an authenticated copy of the divorce decree or certificate. The authenticated copy first comes from the state in which the divorce was granted, then it goes the the Philippines consulate in the U.S. for authentication there. Then it is sent to the Philippines. The second part is to demonstrate that the law of the state in which the divorce was granted allows the former spouse to remarry. From what a lawyer had said, a judge may accept a photocopy from a law book, or may actually require the entire law book. From what I understand, a bad judge can make it a painful process, and could take 4-6 months, and a judge could even accept the case and then refuse to hear it, but apparently that isn't common. Some of this information is available through searches, but is hard to find. I happen to know about it because I was helping a friend get her authenticated divorce decree this past year, and she had an attorney there who was well versed in the process. I had also dealt with an ex pat Philippines attorney here in the U.S. who also helps with these types of issues. Just be prepared that it might not be a simple solution.

[cristina16 81]

Cristina16, from everything I know about it you are completely correct. Also, from what I have learned, it is an actual legal process, Judicial Recognition of Foreign Divorce, to get the divorce officially on file at the NSO.

There are two burdens of proof for the process. This info assumes a U.S. spouse, but similar for other countries. The first is providing an authenticated copy of the divorce decree or certificate. The authenticated copy first comes from the state in which the divorce was granted, then it goes the the Philippines consulate in the U.S. for authentication there. Then it is sent to the Philippines. The second part is to demonstrate that the law of the state in which the divorce was granted allows the former spouse to remarry. From what a lawyer had said, a judge may accept a photocopy from a law book, or may actually require the entire law book. From what I understand, a bad judge can make it a painful process, and could take 4-6 months, and a judge could even accept the case and then refuse to hear it, but apparently that isn't common. Some of this information is available through searches, but is hard to find. I happen to know about it because I was helping a friend get her authenticated divorce decree this past year, and she had an attorney there who was well versed in the process. I had also dealt with an ex pat Philippines attorney here in the U.S. who also helps with these types of issues. Just be prepared that it might not be a simple solution.

It seems that the OP have done it if they have the authenticated MC based on the divorce. Yeah the process is not that simple, especially dealing with several government agencies.

I myself tried to help my friend 3 years ago, thus I made a lot of readings on this. He was divorced by his USC spouse but we cannot have it recognized here since the x wife is not willing to give him a copy of the divorce decree, he have a copy of the decision. Thus he filled for an annulment and a copy of the divorce decision was submitted.

Now that the bill was approved in the Congress, we will see when it will be signed into a law, then revise the Family Code and release the implementing rules and regulations. Before that, people will have to endure the long process.

[wiredog 1]

Just for any who doubt still, yes, there is divorce in the Philippines. I will not pretend to know more about Philippine laws or courts than a native or anyone else with a lot of experience in the country. I only know what has transpired with my fiancee. She is divorced and the annotated MC states she is divorced and is permitted to use her maiden name. This same annotated MC was presented to and accepted by the embassy at her interview along with her divorce decree. She divorced a Philippine spouse in the Philippines so there are no foreign courts involved.

If I've read some of the replies correctly the NSO will issue a CEMAR annotated to indicate the divorce?

By the way, thank you all for your time and effort on your replies. This is my first time to post a topic and there are many more responses coming much faster than I expected.

[Hank_ 9,174]

Unless you know the laws in my country than I do. There is no Divorce Law in the Philippines- not yet as of this writing.

I stand by my statement, divorce can only be recognized if done by the non-Filipino spouse and was granted abroad. The Filipino spouse can file the implementation of the divorces in the Philippines and can be allowed to re-marry .

Maybe a road to it, but not yet signed into Law nor have amended the Family Code.

The House of Representatives approved on a third and final reading the proposed law, which would allow Filipinos to remarry after being granted a divorce abroad.

The bill, which seeks to amend the Family Code of the Philippines, proposes to recognize a divorce obtained by a foreign spouse in another country without the need to seek judicial recognition. A similar bill awaits Senate approval before President Benigno Aquino can sign it into law.

“The bill will only require the Filipino spouse to submit a duly authenticated copy of the decree of absolute divorce,” said Rep. Rufus Rodriguez, one of the authors of the bill.

Aside from recognizing the capacity of the Filipino spouse to remarry, the proposed statute also simplifies the process of recognition of a foreign judgment of divorce obtained by a foreign spouse.

Again.... do more research... a divorce is allowed that orginated from WITHIN the Philippines. (It doesn't apply to most but to some .... and there is never lechon at their wedding dinner)

[_Paul&Jesica_ 70]

It seems that the OP have done it if they have the authenticated MC based on the divorce. Yeah the process is not that simple, especially dealing with several government agencies.

I myself tried to help my friend 3 years ago, thus I made a lot of readings on this. He was divorced by his USC spouse but we cannot have it recognized here since the x wife is not willing to give him a copy of the divorce decree, he have a copy of the decision. Thus he filled for an annulment and a copy of the divorce decision was submitted.

Now that the bill was approved in the Congress, we will see when it will be signed into a law, then revise the Family Code and release the implementing rules and regulations. Before that, people will have to endure the long process.

Your friend can request a copy of the divorce decree from the county court clerk where the divorce was finalized. It is actually a public document and anyone can request it (within certain conditions).

Look up the county clerk's office or the county court's website to find out how to do this. Some counties even let you do this entirely by postal mail, though it takes longer.

Good luck!

[_Paul&Jesica_ 70]

Just for any who doubt still, yes, there is divorce in the Philippines. I will not pretend to know more about Philippine laws or courts than a native or anyone else with a lot of experience in the country. I only know what has transpired with my fiancee. She is divorced and the annotated MC states she is divorced and is permitted to use her maiden name. This same annotated MC was presented to and accepted by the embassy at her interview along with her divorce decree. She divorced a Philippine spouse in the Philippines so there are no foreign courts involved.

If I've read some of the replies correctly the NSO will issue a CEMAR annotated to indicate the divorce?

By the way, thank you all for your time and effort on your replies. This is my first time to post a topic and there are many more responses coming much faster than I expected.

Was it an Islamic marriage or was either of the parties under the age of 18 or married by an unlicensed official? Divorce can be granted for those of Islamic faith and the other situations become a voided marriage.

There isn't any other way, officially except to go down the annulment path.

[Tahoma 2,292]

Wiredog...

Yes, your fiancée needs to submit a CENOMAR. That's the short version of my answer.

Now...

When someone applies for a CENOMAR, if they have no marriages on record with the NSO, they will receive a CENOMAR. If they have any marriages on record with the NSO, they still apply for a CENOMAR, but they will receive "Form No. 5 - Advisory on Marriages." This is what has become known as a CEMAR. The term "CEMAR" is not an official term. It originated on the old Asawa forum.

Also, it should be noted that Muslims in the Philippines can get divorced in the Philippines. So, either your fiancée is Muslim, or she was divorced outside of the Philippines. If she was divorced outside of the Philippines, and a foreigner initiated the divorce, then your fiancée must have had a Filipino court recognize the foreign divorce. If your fiancée initiated the foreign divorce, then she must have completed an annulment in the Philippines.