Married in the Philippines, Divorced in US

[nykolos 711]

I guess my question is a legal one in regard to Philippine law,  I married in 1997 to my now Ex-Wife in the Philippines  we Divorced in 2016 here in the states, Since Divorce is NOT legal or allowed in the Philippines, only annulment is, (crazy law) am I still a married man in the eyes of the Philippine Government?  I am currently engaged to another Filipina and we plan to marry in the US after her K1 Visa is approved, Her desire is have another wedding in the Philippines, and I'm guessing the only way to do that since divorce is not allowed, is to have my first marriage annulled, which would take over a year, not to mention legal costs, and with no guarantee it would be granted.

 

[TBoneTX 46,828]

Country-specific thread is moved from Off Topic to the Philippines regional forum.

[Hank_ 9,174]

  On 2/29/2020 at 8:43 AM, nykolos said:

I guess my question is a legal one in regard to Philippine law,  I married in 1997 to my now Ex-Wife in the Philippines  we Divorced in 2016 here in the states, Since Divorce is NOT legal or allowed in the Philippines, only annulment is, (crazy law) am I still a married man in the eyes of the Philippine Government?  I am currently engaged to another Filipina and we plan to marry in the US after her K1 Visa is approved, Her desire is have another wedding in the Philippines, and I'm guessing the only way to do that since divorce is not allowed, is to have my first marriage annulled, which would take over a year, not to mention legal costs, and with no guarantee it would be granted.

 

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You are a USC?   You don't need an annulment.   Bring a copy of your divorce decree with you when you go to the LCR to apply for a marriage license.

[payxibka 10,048]

  On 2/29/2020 at 9:38 AM, Hank_ said:

 

You are a USC?   You don't need an annulment.   Bring a copy of your divorce decree with you when you go to the LCR to apply for a marriage license.

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  On 2/29/2020 at 8:43 AM, nykolos said:

I guess my question is a legal one in regard to Philippine law,  I married in 1997 to my now Ex-Wife in the Philippines  we Divorced in 2016 here in the states, Since Divorce is NOT legal or allowed in the Philippines, only annulment is, (crazy law) am I still a married man in the eyes of the Philippine Government?  I am currently engaged to another Filipina and we plan to marry in the US after her K1 Visa is approved, Her desire is have another wedding in the Philippines, and I'm guessing the only way to do that since divorce is not allowed, is to have my first marriage annulled, which would take over a year, not to mention legal costs, and with no guarantee it would be granted.

 

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You don't have two legal weddings.  Your second is more akin to a vow renewal and gala party.  No need for a Philippines marriage license 

[Hank_ 9,174]

Ah yes,  "a 2nd wedding" .. my        That is not an actual wedding, it is just a renewal of vows,  and a party.

[nykolos 711]

I found the answer,  my fiance sent me a link written by a immigration attorney some time ago;

 

http://asianjournalusa.com/court-cancellation-of-prior-philippine-marriage-needed-before-foreigner-can-p13327-154.htm

 

"In a fairly recent decision of the Philippine Supreme Court (2010), it ruled that a foreigner who had been married before in the Philippines must first get a court cancellation of the previous marriage before he or she can remarry in the Philippines. The key words here are that the previous and intended marriages must be in the Philippines."

 

[nykolos 711]

  On 2/29/2020 at 9:38 AM, Hank_ said:

 

You are a USC?   You don't need an annulment.   Bring a copy of your divorce decree with you when you go to the LCR to apply for a marriage license.

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You were right   Thanks! 

[nelmagriffin 159]

Hi,

I stumbled in this article:

reference: https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

[nelmagriffin 159]

Also, Please double check if the divorce decree has to be filed in in Philippine court to be recognized.

Reference:

https://filipinolawgroup.com/recognition-foreign-divorce-decree-philippines/

" To enjoy the benefits of Article 26, a petition must be filed in a Philippine court for the recognition of the foreign divorce decree. In this petition, the divorce decree and foreign law on divorce must be proven showing that the foreign spouse can remarry.".

Edited March 4, 2020 by nelmagriffin
missed words

[Hank_ 9,174]

  On 3/4/2020 at 12:18 AM, nelmagriffin said:

Hi,

I stumbled in this article:

reference: https://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

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  On 3/4/2020 at 12:29 AM, nelmagriffin said:

Also, Please double check if the divorce decree has to be filed in in Philippine court to be recognized.

https://filipinolawgroup.com/recognition-foreign-divorce-decree-philippines/

" To enjoy the benefits of Article 26, a petition must be filed in a Philippine court for the recognition of the foreign divorce decree. In this petition, the divorce decree and foreign law on divorce must be proven showing that the foreign spouse can remarry.".

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Those articles are referring Filipinos divorced from a foreigner.       Doesn't relate to a foreigner 

[hgl 2]

  On 2/29/2020 at 8:43 AM, nykolos said:

I guess my question is a legal one in regard to Philippine law,  I married in 1997 to my now Ex-Wife in the Philippines  we Divorced in 2016 here in the states, Since Divorce is NOT legal or allowed in the Philippines, only annulment is, (crazy law) am I still a married man in the eyes of the Philippine Government?  I am currently engaged to another Filipina and we plan to marry in the US after her K1 Visa is approved, Her desire is have another wedding in the Philippines, and I'm guessing the only way to do that since divorce is not allowed, is to have my first marriage annulled, which would take over a year, not to mention legal costs, and with no guarantee it would be granted.

 

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Have you started F1 process? 

Is there an issue with Commission of Filipinos Overseas( CFO) asking if you are married before in PH even though you are now a USC?

[Hank_ 9,174]

  On 4/29/2020 at 12:27 AM, hgl said:

Have you started F1 process? 

Is there an issue with Commission of Filipinos Overseas( CFO) asking if you are married before in PH even though you are now a USC?

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Here is CFO info, with commonly requested documents

 

https://www.visaconnection-philippines.com/cfo.html

 

[hgl 2]

  On 4/29/2020 at 1:09 AM, Hank_ said:

 

Here is CFO info, with commonly requested documents

 

https://www.visaconnection-philippines.com/cfo.html

 

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  On 4/29/2020 at 1:09 AM, Hank_ said:

 

Here is CFO info, with commonly requested documents

 

https://www.visaconnection-philippines.com/cfo.html

 

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From USC (copies of) - bio page of passport, birth certificate, divorce decree (if been married before) are the most common requests.  If you have never been married before be prepared to provide a copy of your ITR to prove your singleness... of course BLACKENING out the SSN for sure.--

------------

Very straightforward requirements. I was thinking the CFO is looking for USC (former Filipino married in the PH) Certificate of No marriage in the Philippines. But, none. Just the divorce decree.

Thanks!

[nykolos 711]

  On 4/29/2020 at 12:27 AM, hgl said:

Have you started F1 process? 

Is there an issue with Commission of Filipinos Overseas( CFO) asking if you are married before in PH even though you are now a USC?

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I haven't, at the moment were focused on her K1 being approved and marrying in the US.

As for CFO, my Fiance has an appointment later this month so until that happens it's anyone's guess what they'll ask, I'll keep you posted once I know... Good question.