Judicial Recognition Of Foreign Divorce In The Philippines

[kawika69 4]

Okay, so I have a rather long and drawn-out question. I was married in the Philippines in 2012. After 8 years of marriage we divorced (In the US) after having two beautiful children. I understand there is no such thing as divorce in the Philippines, as a matter of fact I have learned that there are only two places in the world that do not recognize foreign divorce, one being the Philippines and the other being Vatican City surprise, surprise!

So I have found an attorney in the Philippines that will provide this service for 180,000 php at it will "only take about a year."

I just re-read the law, and I quote verbatim: "There is no divorce in the Philippines, BUT when a divorce is validly obtained ABROAD and 1.) initiated by the FOREIGN SPOUSE, 2.) the FILIPINO SPOUSE shall have the capacity to remarry under Philippine law.

After reading this I just realized that the Attorney is attempting to take me for a very expensive ride I don't need to take based upon the following reasons:

1.) The divorce was NOT INITIATED by me, the evil American spouse, on the contrary the Filipino sued me for divorce.

2.) THE FILIPINO SPOUSE shall have the capacity to remarry? I am the one who want's to remarry, not her. (I will never get married in the Philippines again, that's for sure!)

So it looks to me that I can remarry a Filipina. (I was planning on a UTAH on-line marriage anyway. Totally legal process.) I was going to marry her while I am there with her in April via zoom wedding with the Utah license officiant online also. Utah will then issue a marriage certificate and I can begin the SPOUSAL VISA process.

The only problem I can foresee is the CFO bull, and I hope they can't stop her from coming to the US.

I think the attorneys are just trying to con me out of 180,000 php. What do you think? Anyone have personal experience with this? Any help will be greatly appreciated.

Mahalo, David O

Edited February 16, 2022 by TBoneTX
profanity edited

[pushbrk 12,876]

As for the attorney, what "process" was he going to help you through?

 

I don't see a problem with the CFO.  If she has not been married before, her PSA records will probably show her as unmarried.  That's not a problem either.  You are dealing with US Consular Officers and USCIS, not any Philippines government agency.

 

 

[Redro 4,611]

52 minutes ago, pushbrk said:

As for the attorney, what "process" was he going to help you through?

 

I don't see a problem with the CFO.  If she has not been married before, her PSA records will probably show her as unmarried.  That's not a problem either.  You are dealing with US Consular Officers and USCIS, not any Philippines government agency.

 

 

They plan on going through Utah marriage and spousal visa not fiance visa. 

He is wondering if CFO will be an issue when she leaves. 

One of the other members got hassled for not updating her marriage status when she left but was allowed to leave as she had met her husband in person and got married in the US. 

 

Edited February 16, 2022 by Kor2USA

[pushbrk 12,876]

5 minutes ago, Kor2USA said:

They plan on going through Utah marriage and spousal visa not fiance visa. 

He is wondering if CFO will be an issue when she leaves. 

One of the other members got hassled for not updating her marriage status when she left but was allowed to leave as she had met her husband in person and got married in the US. 

OK, but they will marry in person too.  They will be together during the Zoom ceremony.  I get that CFO might try to flex their muscles, but I don't expect them to stop her from leaving.  They are primarily about making certain Filipino's understand their rights before the leave.

 

[Chancy 6,241]

*** Moved from IR1/CR1 Process & Procedures to the Philippine regional forum, for country-specific input ***

 

57 minutes ago, kawika69 said:

The only problem I can foresee is the CFO bullshit and I hope they can't stop her from coming to the US.

 

Since you are legally divorced in the US and you do not intend to re-marry under Philippine law, you do not need to get your divorce recognized in the PH to be able to marry your Filipina fiancee via Utah Zoom wedding.  I assume your fiancee is also legally free to marry.

 

CFO will probably be a hassle for your spouse-to-be, but not impossible.  The issue will likely be your Report of Marriage (ROM).  If you get married via online wedding, CFO will ask your spouse for ROM.  But you might not be able to complete ROM because PSA will have a record of you being married to another Filipina.  This is all speculation, of course, as no one has tried ROM in this situation before and reported back here on VJ.  I hope you let us know how it goes if you decide to push through with your plan.

 

[kawika69 4]

5 hours ago, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to the Philippine regional forum, for country-specific input ***

 

 

Since you are legally divorced in the US and you do not intend to re-marry under Philippine law, you do not need to get your divorce recognized in the PH to be able to marry your Filipina fiancee via Utah Zoom wedding.  I assume your fiancee is also legally free to marry.

 

CFO will probably be a hassle for your spouse-to-be, but not impossible.  The issue will likely be your Report of Marriage (ROM).  If you get married via online wedding, CFO will ask your spouse for ROM.  But you might not be able to complete ROM because PSA will have a record of you being married to another Filipina.  This is all speculation, of course, as no one has tried ROM in this situation before and reported back here on VJ.  I hope you let us know how it goes if you decide to push through with your plan.

 

Thanks.  That's what I thought when I re-read the law.  Just take my certified/apostiled US divorce to American consular s office to get the Free To Marry document.  Hopefully the CFO morons don't get in the way. Mahalo

[kawika69 4]

6 hours ago, pushbrk said:

As for the attorney, what "process" was he going to help you through?

 

I don't see a problem with the CFO.  If she has not been married before, her PSA records will probably show her as unmarried.  That's not a problem either.  You are dealing with US Consular Officers and USCIS, not any Philippines government agency.

 

 

Thank you, that's what I thought after re-reading the law. But will CFO get in the way without a ROM?  I have dealt with them in the past and they can be really finicky...In the attached document it refers to the Filipino spouse, not the American/foreigner as needing to go thru this process. I know I just have to go to the US Consular office in Cebu or Manila, show them my Final Divorce decree and they will give me the free to marry letter.  I just don't see how the attached applies to me.  Do you?

[pushbrk 12,876]

8 minutes ago, kawika69 said:

Thank you, that's what I thought after re-reading the law. But will CFO get in the way without a ROM?  I have dealt with them in the past and they can be really finicky...In the attached document it refers to the Filipino spouse, not the American/foreigner as needing to go thru this process. I know I just have to go to the US Consular office in Cebu or Manila, show them my Final Divorce decree and they will give me the free to marry letter.  I just don't see how the attached applies to me.  Do you?

Well, no.  Neither going to the Consulate or the attachment applies to you.  You are not getting married in the Philippines.  You're getting married in Utah County, Utah.

[kawika69 4]

1 minute ago, pushbrk said:

Well, no.  Neither going to the Consulate or the attachment applies to you.  You are not getting married in the Philippines.  You're getting married in Utah County, Utah.

Than you very much!  Perhaps I am not brain dead after all.  But it's fortunate that my gf started asking me questions today saying that her co-workers and friends were telling her that I CAN NEVER MARRY AGAIN IN THE PHILIPPINES.  I got pretty upset, not really with her but with her friends, who are probably jealous that she met a nice foreigner and she may get out of hell.  So I busted out all the documents I have prepared for the rip-off attorney to show her.  I then read the attached document out loud to her and that's when it hit me.  I realized this applied to my ex-Fiipina wife if SHE wanted to get married again in the Philippines, not me.  Of course the zoom wedding helps because we don't have to ask the blessed Philippines permission to get married. (There is no mention of the foreigner/American) I will get the Free To Marry (Is that the CENOMAR?) I remember the first time all I had to do was go to the US Consular office in Cebu and swear out my marriage, and showing the certified divorce decree issued in the US.  They then gave me the letter saying I was free to marry.  I don't have to get PI approval because I am not getting married in the PI.

 

Mahalo for your help...I really appreciate it.

David O

[pushbrk 12,876]

28 minutes ago, kawika69 said:

Than you very much!  Perhaps I am not brain dead after all.  But it's fortunate that my gf started asking me questions today saying that her co-workers and friends were telling her that I CAN NEVER MARRY AGAIN IN THE PHILIPPINES.  I got pretty upset, not really with her but with her friends, who are probably jealous that she met a nice foreigner and she may get out of hell.  So I busted out all the documents I have prepared for the rip-off attorney to show her.  I then read the attached document out loud to her and that's when it hit me.  I realized this applied to my ex-Fiipina wife if SHE wanted to get married again in the Philippines, not me.  Of course the zoom wedding helps because we don't have to ask the blessed Philippines permission to get married. (There is no mention of the foreigner/American) I will get the Free To Marry (Is that the CENOMAR?) I remember the first time all I had to do was go to the US Consular office in Cebu and swear out my marriage, and showing the certified divorce decree issued in the US.  They then gave me the letter saying I was free to marry.  I don't have to get PI approval because I am not getting married in the PI.

 

Mahalo for your help...I really appreciate it.

David O

Sorry, but there's still a part of your brain not awake yet.  😉  Read my lips.  You ARE NOT getting married in the Philippines.  You are getting married in Utah, via Zoom.  You do NOT need to go the any US Consulate to get any affidavit of single status.  (Actually, now, any Philippine Notary can do that for you), but YOU DON'T NEED IT, because you are NOT getting married in the Philippines and neither is the Pinay you're marrying.

Edited February 16, 2022 by pushbrk

[kawika69 4]

18 minutes ago, pushbrk said:

Sorry, but there's still a part of your brain not awake yet.  😉  Read my lips.  You ARE NOT getting married in the Philippines.  You are getting married in Utah, via Zoom.  You do NOT need to go the any US Consulate to get any affidavit of single status.  (Actually, now, any Philippine Notary can do that for you), but YOU DON'T NEED IT, because you are NOT getting married in the Philippines and neither is the Pinay you're marrying.

Voila! You have awakened my frontal cortex!   You're absolutely right!  The Philippines is not involved in this future marriage.  Now I finally got it!  So when the time comes I just set it up with UTAH and do it!  I love it.  Mahalo for your sound advice...and thanks for awakening my brain.  I now see the light!

Mahalo again, David O

[Chancy 6,241]

7 hours ago, kawika69 said:

her co-workers and friends were telling her that I CAN NEVER MARRY AGAIN IN THE PHILIPPINES.  I got pretty upset, not really with her but with her friends

 

They are right, though -- you (and your ex) can never marry again in the Philippines, if (either of) you don't complete judicial recognition of your foreign divorce in the PH.  But it doesn't matter because you don't intend to re-marry under PH law.  Like pushbrk said, your next marriage will be performed in Utah, so the unique restrictions and requirements for marrying in the PH don't apply to you.

 

That said, are you planning to apply for ROM anyway?  If so, I hope you report back here.  If you don't apply for ROM, your gf should be aware that in addition to the extra hassle with CFO, she will never be able to use her married name on her PH passport.  That won't be an issue with her immigration, though.  She'll just have to go through extra hoops if she actually wants to use her married name on her US IDs.

 

[kawika69 4]

2 hours ago, Chancy said:

 

They are right, though -- you (and your ex) can never marry again in the Philippines, if (either of) you don't complete judicial recognition of your foreign divorce in the PH.  But it doesn't matter because you don't intend to re-marry under PH law.  Like pushbrk said, your next marriage will be performed in Utah, so the unique restrictions and requirements for marrying in the PH don't apply to you.

 

That said, are you planning to apply for ROM anyway?  If so, I hope you report back here.  If you don't apply for ROM, your gf should be aware that in addition to the extra hassle with CFO, she will never be able to use her married name on her PH passport.  That won't be an issue with her immigration, though.  She'll just have to go through extra hoops if she actually wants to use her married name on her US IDs.

 

That should not be a real problem.  The cost of a name change in Hawaii is only 55 dollars. All that will be needed is our UTAH marriage certificate. Not sure if we should apply for the ROM in the Philippines...we can through the Philippines Embassy in San Francisco but that might really confuse the CFO group. I know if married in the Philippines they "REQUIRE" you to register your marriage with a certain number (?) of days.  Thanks for the input, I really appreciate it.

Mahalo, David O

[LouieDepalma 3]

I have spent endless hours on this topic years ago.  I am not an attorney moreso only a student so keep that in mind when reading my in short summed up reply here to this incredibly complicated statute. 

 

This law is in place to prevent Philippine Citizens(I use that because of the idea that one could marry either a male or female or same sex marriage in places outside the Philippines) from circumventing the divorce laws in the Philippines.  It is not meant to apply to a foreign spouse or a non Filipino citizen.  It is in fact more of a courtesy to a foreign spouse.  Think of it as a way out for the Foreign Spouse since it can and often does still shackle the Filipino citizen with no remedy for divorce period.  Even though the Filipino Citizen can get divorced through this if the foreign spouse initiates said divorce that is the only logical way it could even begin to work.  If the Foreign spouse does not want a divorce period then the Philippine Government is not going to let it happen at least not in their country.

 

As a side note which I know the OP most likely has little to no interest in given his thread; One may want to keep this entire law in mind should they harbor thoughts or ideation perhaps even dreams no matter how folly of one day being a Citizen of the Philippines.

[LouieDepalma 3]

On 2/16/2022 at 11:28 AM, kawika69 said:

I know if married in the Philippines they "REQUIRE" you to register your marriage with a certain number (?) of days.  Thanks for the input, I really appreciate it.

Mahalo, David O

 

While true yes this is not an issue.  You can wait years to register the marriage.  They have several acceptable reasons listed for this.

One of which and the easiest of all being "unaware".