US Citizen Divorce to Philippine Mairrage

[Chris Duffy 1,257]

Here is the Chart I have always used

Filipino-Filipina married in US (marriage not reported) divorce in US.
--Both can remarry in Philippines as NSO shows them single
--Both can remarry in US as they have valid divorce papers
**Serious legal problems can occur if Philippines discovers the previous marriage.

Filipino-Filipina married and marriage registered with NSO divorce in US.
--Neither can remarry in Philippines until they complete a Philippine annulment
--Both can remarry in US as they have valid divorce papers

UScitizen-Filipino/a married and marriage registered with NSO divorce in US.
--IF divorce filed by USC & the divorce is properly reported to NSO (possibly need Judicial Recognition),
**Both can remarry in Philippines as they have valid divorce papers
**Both can remarry in US as they have valid divorce papers
--IF divorce filed by USC & the divorce is NOT properly reported to NSO
**Neither can remarry in Philippines until they complete a Philippine annulment or properly report the divorce (An NSO CENOMAR is required for a foreign national to marry in Philippines)
**Both can remarry in US as they have valid divorce papers
--IF divorce filed by Filipino
**Neither can remarry in Philippines until they complete a Philippine annulment. (An NSO CENOMAR is required for a foreign national to marry in Philippines)
**Both can remarry in US as they have valid divorce papers
 

[Illiria 980]

Dude, sorry I can’t add anymore to the advice you have been given from a legal stand point but please go and have yourself tested for stds. You don’t want to leave it only to find out later how much damage it has done.

Edited February 23, 2018 by Illiria

[j&ana 363]

Article 26 of the Philippines family code of law

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

[j&ana 363]

12 hours ago, Sam Adam said:

Just got married and was collecting all papers for K1 visa. She was just going to keep me until next month, when she will be graduating. She is no interest coming here, she wants to be with many guys ! 

I did not understand this line in your post? collecting all papers for k-1 visa.  a marriage person can not do a K-1 visa, or did you mean that she was collecting papers for k-1 visa

[Naes 12,205]

1 hour ago, j&ana said:

I did not understand this line in your post? collecting all papers for k-1 visa.  a marriage person can not do a K-1 visa, or did you mean that she was collecting papers for k-1 visa

Came here just to understand this!

[AL-MJD 144]

2 hours ago, Naes said:

Came here just to understand this!

 

4 hours ago, j&ana said:

I did not understand this line in your post? collecting all papers for k-1 visa.  a marriage person can not do a K-1 visa, or did you mean that she was collecting papers for k-1 visa

i read all the replies to understand this too! :')

[JFH 12,190]

OP, do you have an immigration question? If not, I'll move this thread to the regional forum. 

[Penguin_ie 5,994]

***********  personal email removed- for yur own privacy and safety, never post email or postal addresses, case or phone numbers online.  Also, thread moved from K1 (which wasn't possible as OP was married anyway) to Effects of Major Changes forum ******

[nelmagriffin 148]

Greetings!

I found this interesting article and it is related to your situation.Pay attention to the highlighted text in green.

Goodluck,

Nelma

Reference: http://philfaqs.com/marriage-nationality-and-divorce/

The Philippines recognizes US marriages and the US recognizes Philippine marriages.

Thus, where the couple marries has makes no difference in legality within the Philippines.

Party Hearty, but not in the Philippines

The Philippine Family Code resembles the US law of the community property states.  If there is no prenuptial agreement (commonly known as a Marriage Settlement in the Philippines) all the couples property becomes community property, so those with significant assets, children of previous marriages, etc. should really seek competent legal advice before saying “I do”.

There’s No Divorce For a Filipino Citizen, Anywhere

Once a couple marries they can not be divorced in the Philippines.  The Family Code does not allow it.

(A notable exception, if the marriage falls under Sharia (Muslim) law, there may be a legal (recognized by the NSO (now called the PSA)) divorce alternative available.  This is way out of my area of expertise.  Those of you of the Islamic faith or married to one of the Islamic faith, must seek guidance from someone competent to advise under the Sharia Law).

The couple may:

• — Obtain a legal separation under Philippine law.  This can settle support, visitation, property disagreements and the like, but it is not a divorce, and neither party is free to marry again. (read this again, it is widely misunderstood!)

• — Obtain a legal annulment,  If this is granted under Philippine law the couple are then both free to remarry. (Note, this has nothing to do with annulment within the Catholic church — two separate issues)

• — Obtain a divorce outside the Philippines.  If this is done, the results under Philippine law vary depending on the citizenship of both parties and also on who files for the divorce.
  • — If both parties are citizens of another country the divorce is recognized by the Philippines

  • — If one party is Filipino and the other a non-Filipino then:
    • — If the foreigner files (is the “petitioner”) then the divorce is valid and the Filipino becomes free to re-marry.

    • — If the Filipino files and the divorce is granted then the Filipino partner is still considered married under the family code and may not re-marry within the Philippines.

Bottom line:

If you are a Filipino who was ever married in the Philippines and who now wants to remarry, start now getting your ducks in order to be able to begin the annulment process.

Your previous marriage will not just “go away”.  To my mind, this also applies even if you are outside the Philippines currently and living under another country’s laws.

You may want to return to the Philippines someday, or you may want future children to be able to enjoy their Filipino birthright without the legal stigma of illegitimacy.  (becuase if you have children outside your legal marriage the children are illegitimate!)

If you are a foreigner, intending to marry a Filipino who was previously married and is now legally separated or effectively abandoned by a former spouse, be aware s/he may very well still be married under the laws of the Philippines.

Grit your teeth and do the right thing at the right time … ignoring these legalities may prove more costly farther down the road than acting on them now.

 

[mcdull 474]

20 hours ago, Jzellann said:

Ah so sad 😔 interesting story 🙏🏻 Just pray 

 

so people could just pray and god will send divorce paper?

[vbtbmrt 2]

18 hours ago, cyberfx1024 said:

I thought that if the marriage is done IN the Philippines then the Philippine government will not recognize a foreign divorce decree. Correct me if I am wrong please sir.

 

Also USEM says that they will ONLY honor a Sharia divorce if the marriage was done through Sharia court as well.

If it is 2 Philippine nationals it is hard to get it recognized. but if it is foreigner  and filipino the foreigner  can file divorce it there own country and it is the filipinos problem to figure out how to clear there own name. its not easy. my filipina wife got a divorce from her  filipino husband while she was resident of Hong kong. and now she has to clear her name there so he isnt on her SS anymore. the usa reconized the divorce  but philippine embassy here in chicago doesnt

 

[Cyberfx1024 7,980]

45 minutes ago, vbtbmrt said:

If it is 2 Philippine nationals it is hard to get it recognized. but if it is foreigner  and filipino the foreigner  can file divorce it there own country and it is the filipinos problem to figure out how to clear there own name. its not easy. my filipina wife got a divorce from her  filipino husband while she was resident of Hong kong. and now she has to clear her name there so he isnt on her SS anymore. the usa reconized the divorce  but philippine embassy here in chicago doesnt

 

She is still worried about her Filipino SS account? The most she would ever get from that is maybe $100 a month if that

 

[kris&me 572]

i would divorce here in my state and say the H---- with her

why do you care if she is legally divorced in Phillipines?

just divorce and forget her 

let what happens in Phillipines be her problem.

[vbtbmrt 2]

2 hours ago, cyberfx1024 said:

She is still worried about her Filipino SS account? The most she would ever get from that is maybe $100 a month if that

 

ya she is kinda like that ? worried every little cent. ya her mom gets about $50 a month

[Zzyzx 106]

22 hours ago, Sam Adam said:

Thanks you all, she has no money to file divorce or to get by, i was giving almost average $ 1000 allowances for school, living food and her basic shopping, her grandma's maid, her medical and many other needs. 

At this point, i am just trying to find healing of heart. In last weekend even we were meeting wedding planner for big reception after her graduation (civil marriage is already done)

 

I think i will go for adultery case ( i have pics and screen shot what she wrote to other guy about their sex experience love making all) (amazingly she screwed that Ausi guy so thats how whole thing is revealed to me by Ausi Guy)  

 

Thank you for all your support 

You have to ask yourself, what is there to gain by piling it on?  And keep in mind if you nail her for adultery the Aussie guy who gave you the heads up in the first place, gets in trouble too.  Not to mention the fact that you will be divorcing here in the USA not in the Phils, so it would be costing you extra time and money.