Recognition of foreign divorce

[Tattoo4u 0]

I'm not sure where to post this...

 

I'm an American, got married many years ago in the Philippines and obtained a divorce in the USA. I met someone else in the PH and we got engaged. I got my CENOMAR and it showed my marriage

to a filipina from a couple decades ago. We went to city hall in Manila and attempted to get a marriage license. After 3 trips to the city hall, endless hours of waiting, taking 2 seminars and getting copies of many documents, someone says I need to get my CENOMAR annotated about the divorce!!! They saw it on our 1st visit and said nothing about it!!! I guess they wanted the couple hundred pesos in filing fees....

 

So I need to go through the lengthy process of divorce recognition. I have certified copy of my divorce papers which I know need to be "red ribboned" by the Philippine embassy in the USA. I also need "copy of

the divorce laws" of my state., which need to be red ribboned too. WHICH LAW(S)?!?!?! I've searched a lot and can't find the info. I emailed the PH embassy in San Fransicso but no reply. I called them too. Does

anyone know which specific statutes they need???? 

 

Thank you in advance

[vpalermo85 62]

They probably just want a copy of California's divorce laws which fall under. 

 

For instance in NY we originally had grounds you had to claim under DRL (Domestic Relations Law).  That was until we move towards irretrievable breakdown of the marriage.  If you were in New York I would probably send those along with any residency requirements.  

 

I'm not too familiar with California's law but you can easily look it up.  As I said, I'm from NY so what we would send in your situation and what you would send as a California resident would be different.

 

Ultimately it depends on where the divorce took place/what state had jurisdiction over your prior marriage.

[Tattoo4u 0]

6 minutes ago, vpalermo85 said:

They probably just want a copy of California's divorce laws which fall under. 

 

For instance in NY we originally had grounds you had to claim under DRL (Domestic Relations Law).  That was until we move towards irretrievable breakdown of the marriage.  If you were in New York I would probably send those along with any residency requirements.  

 

I'm not too familiar with California's law but you can easily look it up.  As I said, I'm from NY so what we would send in your situation and what you would send as a California resident would be different.

 

Ultimately it depends on where the divorce took place/what state had jurisdiction over your prior marriage.

I'm actually from WA state, San Fran. is the closest Philippine embassy. I'd just hate to bring the wrong info to SF and have to fly down there again. Thank you for the info. 

[TBoneTX 44,997]

Thread is moved from the K-3 Process forum to the Philippines forum, where perhaps informed answers can be had.

[vpalermo85 62]

4 minutes ago, Tattoo4u said:

I'm actually from WA state, San Fran. is the closest Philippine embassy. I'd just hate to bring the wrong info to SF and have to fly down there again. Thank you for the info. 

Then yeah, wherever you lived when you got the divorce/whatever state granted the divorce are the laws you'd have to reference.

 

That's the only thing I could think that they could possibly mean by that.

[Hermie&Tommy 4]

20 minutes ago, Tattoo4u said:

I'm not sure where to post this...

 

I'm an American, got married many years ago in the Philippines and obtained a divorce in the USA. I met someone else in the PH and we got engaged. I got my CENOMAR and it showed my marriage

to a filipina from a couple decades ago. We went to city hall in Manila and attempted to get a marriage license. After 3 trips to the city hall, endless hours of waiting, taking 2 seminars and getting copies of many documents, someone says I need to get my CENOMAR annotated about the divorce!!! They saw it on our 1st visit and said nothing about it!!! I guess they wanted the couple hundred pesos in filing fees....

 

So I need to go through the lengthy process of divorce recognition. I have certified copy of my divorce papers which I know need to be "red ribboned" by the Philippine embassy in the USA. I also need "copy of

the divorce laws" of my state., which need to be red ribboned too. WHICH LAW(S)?!?!?! I've searched a lot and can't find the info. I emailed the PH embassy in San Fransicso but no reply. I called them too. Does

anyone know which specific statutes they need???? 

 

Thank you in advance

Well under Philippines Laws specifically as regards to recognition of Foreign Decree in your case it does not that because you are already Divorced its automatically that you can re marry again a Filipina without going through the process of filing for recognition of Foreign decree in the Court. Under our Rules of Court in the Philippines the Civil Registrar for which you were married should be impleaded. This is the law in The Philippines …. its not proper and ethical to say that they want your hundred of dollars but IT IS THE LAW .. Dura Lex SEd Lex "The Law may be harsh but it is still a law" and you need to obey otherwise u can not remarry again.

 

[You Don't Know Me 6]

There was a case that a foreigner was denied his petition for recognition on the grounds that the Filipino citizen should have filed the petition as he didn't have standing. If I can find the link I'll post it.

 

Also, the Civil Registrar should only be asking for your Affidavit of Legal Capacity to Marry from the USEM.

[Tattoo4u 0]

7 minutes ago, Hermie&Tommy said:

Well under Philippines Laws specifically as regards to recognition of Foreign Decree in your case it does not that because you are already Divorced its automatically that you can re marry again a Filipina without going through the process of filing for recognition of Foreign decree in the Court. Under our Rules of Court in the Philippines the Civil Registrar for which you were married should be impleaded. This is the law in The Philippines …. its not proper and ethical to say that they want your hundred of dollars but IT IS THE LAW .. Dura Lex SEd Lex "The Law may be harsh but it is still a law" and you need to obey otherwise u can not remarry again.

 

After being denied at the Manila city hall I called Makati city hall and explained the situation. The civil registrar there also said I need the recognition. I emailed the Laguna civil registrar and they said the same thing. See the attached email. 

[Tattoo4u 0]

8 minutes ago, You Don't Know Me said:

There was a case that a foreigner was denied his petition for recognition on the grounds that the Filipino citizen should have filed the petition as he didn't have standing. If I can find the link I'll post it.

 

Also, the Civil Registrar should only be asking for your Affidavit of Legal Capacity to Marry from the USEM.

I had the Affidavit of Legal Capacity to Marry from the USEM as well as certified copy of my divorce decree. 

[Hank_ 9,174]

35 minutes ago, Tattoo4u said:

I'm not sure where to post this...

 

I'm an American, got married many years ago in the Philippines and obtained a divorce in the USA. I met someone else in the PH and we got engaged. I got my CENOMAR and it showed my marriage

to a filipina from a couple decades ago. We went to city hall in Manila and attempted to get a marriage license. After 3 trips to the city hall, endless hours of waiting, taking 2 seminars and getting copies of many documents, someone says I need to get my CENOMAR annotated about the divorce!!! They saw it on our 1st visit and said nothing about it!!! I guess they wanted the couple hundred pesos in filing fees....

 

So I need to go through the lengthy process of divorce recognition. I have certified copy of my divorce papers which I know need to be "red ribboned" by the Philippine embassy in the USA. I also need "copy of

the divorce laws" of my state., which need to be red ribboned too. WHICH LAW(S)?!?!?! I've searched a lot and can't find the info. I emailed the PH embassy in San Fransicso but no reply. I called them too. Does

anyone know which specific statutes they need???? 

 

Thank you in advance

As noted below you may not be able to file for the recognition being you are not a Filipino.

 

Only suggestion I have is to file the K-1, I-129F petition and get married in the USA... this can be completed without requiring the recognition.

 

 

6 minutes ago, You Don't Know Me said:

There was a case that a foreigner was denied his petition for recognition on the grounds that the Filipino citizen should have filed the petition as he didn't have standing. If I can find the link I'll post it.

 

Also, the Civil Registrar should only be asking for your Affidavit of Legal Capacity to Marry from the USEM.

I have heard that also, that it requires a Filipino citizen to file for the recognition of divorce.

[You Don't Know Me 6]

Just now, Tattoo4u said:

I had the Affidavit of Legal Capacity to Marry from the USEM as well as certified copy of my divorce decree. 

The civil registry should not be asking a foreigner for a CENOMAR. I was married twice in the Philippines and both time they just wanted the Affidavit, not even divorce papers.

 

I have heard Manila CR sometimes plays by their own rules.

[Hermie&Tommy 4]

1 minute ago, You Don't Know Me said:

There was a case that a foreigner was denied his petition for recognition on the grounds that the Filipino citizen should have filed the petition as he didn't have standing. If I can find the link I'll post it.

 

Also, the Civil Registrar should only be asking for your Affidavit of Legal Capacity to Marry from the USEM.

Yes, that is true you can be denied outright because you have no legal standing unless your ex wife will cooperate with you and she will file the petition. That is one big difference in our Country because the Government is mandated to protect the sanctity of Marriage. Under the Philippine Constitution Marriage is an inviolable Institution and not subject to stipulation or just a mere agreement of the contracting parties it is being protected by the State. 

 

Since you already married a Filipina in the Philippines your name appears in the Civil registrar that you are married. The Legal capacity to Marry from USEM is only applicable to those foreigners who did not get married in the Philippines.

[Hank_ 9,174]

1 minute ago, Tattoo4u said:

I had the Affidavit of Legal Capacity to Marry from the USEM as well as certified copy of my divorce decree. 

You can't get married in the Philippines without the recognition.   Only option is the K-1

[Tattoo4u 0]

1 minute ago, You Don't Know Me said:

The civil registry should not be asking a foreigner for a CENOMAR. I was married twice in the Philippines and both time they just wanted the Affidavit, not even divorce papers.

 

I have heard Manila CR sometimes plays by their own rules.

As of 2018 foreigners are required to have CENOMAR too. 

[Hermie&Tommy 4]

6 minutes ago, Tattoo4u said:

After being denied at the Manila city hall I called Makati city hall and explained the situation. The civil registrar there also said I need the recognition. I emailed the Laguna civil registrar and they said the same thing. See the attached email. 

Yes its true that is a requirement and without the decree from the Court recognizing your foreign decree (Divorced decree) you not get a CENOMAR.