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divorce &annulment

#1 islandgirl27

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Posted 14 June 2010 - 05:17 AM

Hi,I need some advice pls.I got married in the Philippines in 2008.we're both filipino citizens.I'm back here in the US and i'm still not a US citizen.I filed for annulment this past may 2010 for a reason that we do not have any contact since the marriage.My lawyer is asking me 200k pesos and i already paid half.I asked a US lawyer,he told me to file a divorce here and so I did and it's still going on.He advised me not to continue the annulment in the Philippines.Once the divorce is final then there's no problem.But,my lawyer has been bugging me to finish the case.I dont know what to do.If the divorce I filed here in the US will be final,what do I do in the records in Philippines since when I file the divorce I'm not a US citizen yet,I'm still a Filipino citizen.Would i be able to marry someone here in the US then later on in 5 years want to have a church wedding here in the US or Philippines.How long would it take for this divorce that I just filed few weeks ago.My lawyer already sent the divorce papers to him in the Philippines but afraid he's not going to reply,so this divorce might take some take and money?I need help pls
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#2 KBcrand1

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Posted 14 June 2010 - 06:07 AM

Hi,I need some advice pls.I got married in the Philippines in 2008.we're both filipino citizens.I'm back here in the US and i'm still not a US citizen.I filed for annulment this past may 2010 for a reason that we do not have any contact since the marriage.My lawyer is asking me 200k pesos and i already paid half.I asked a US lawyer,he told me to file a divorce here and so I did and it's still going on.He advised me not to continue the annulment in the Philippines.Once the divorce is final then there's no problem.But,my lawyer has been bugging me to finish the case.I dont know what to do.If the divorce I filed here in the US will be final,what do I do in the records in Philippines since when I file the divorce I'm not a US citizen yet,I'm still a Filipino citizen.Would i be able to marry someone here in the US then later on in 5 years want to have a church wedding here in the US or Philippines.How long would it take for this divorce that I just filed few weeks ago.My lawyer already sent the divorce papers to him in the Philippines but afraid he's not going to reply,so this divorce might take some take and money?I need help pls


I cannot give you advice that I am sure is true, however, I knew a couple who came here, the wife was a nurse on a work visa. They did get a divorce here, but from what she told me she still had to go through the annulment process in Phils. Since that time, the ex-husband has remarried here in the states, the ex-wife is dating.
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#3 john_and_marlene

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Posted 14 June 2010 - 06:22 AM

Hi,I need some advice pls.I got married in the Philippines in 2008.we're both filipino citizens.I'm back here in the US and i'm still not a US citizen.I filed for annulment this past may 2010 for a reason that we do not have any contact since the marriage.My lawyer is asking me 200k pesos and i already paid half.I asked a US lawyer,he told me to file a divorce here and so I did and it's still going on.He advised me not to continue the annulment in the Philippines.Once the divorce is final then there's no problem.But,my lawyer has been bugging me to finish the case.I dont know what to do.If the divorce I filed here in the US will be final,what do I do in the records in Philippines since when I file the divorce I'm not a US citizen yet,I'm still a Filipino citizen.Would i be able to marry someone here in the US then later on in 5 years want to have a church wedding here in the US or Philippines.How long would it take for this divorce that I just filed few weeks ago.My lawyer already sent the divorce papers to him in the Philippines but afraid he's not going to reply,so this divorce might take some take and money?I need help pls


Your divorce lawyer here is apparently not aware of the Philippine law regarding divorce. Since you are a Filipino citizen, a divorce petitioned by you in the U.S. will not be recognized in the Philippines. You need to continue with the annulment.
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#4 marklovetina

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Posted 14 June 2010 - 06:38 AM

correct continue the process of annulment..

The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

I was married in the Philippines and secured a divorce in the United States. Both of us are Filipinos and my spouse voluntarily signed the divorce papers. After the divorce, I married another guy, a former Filipino who had acquired U.S. citizenship. I am still a Filipino citizen. Is my previous marriage still valid in the Phils.?

Yes, the first marriage is still considered valid in the Philippines because divorce between Filipinos, wherever secured and even if with the consent of both spouses, is not recognized under Philippine laws. In other words, as far as the Philippines is concerned, the second marriage is null and void.


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#5 marklovetina

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Posted 14 June 2010 - 08:11 AM

Isnt it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

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#6 Pinay Wife

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Posted 14 June 2010 - 11:13 AM

Would i be able to marry someone here in the US then later on in 5 years want to have a church wedding here in the US or Philippines.

Once your divorce is final, you can marry at any time in the US but you cannot remarry in the Philippines without obtaining an annulment decree.

You will need an annulment decree if you were a Filipino citizen at the time you initiated the divorce. If you wait until you become a US citizen to file the divorce, then you only need to have your divorce judicially recognized in the Philippines and then you can remarry in the Philippines. Since you already initiated divorce while you are a Filipino citizen, you can only remarry in the US, but not in the Philippines. If you want to have a wedding in the Philippines, you need to continue with your annulment. If you married in the Catholic church and want to have another church wedding either in the US or the Philippines, you would also need to have your church wedding declared null and void by the Catholic Church and that can be a very tedious process.


How long would it take for this divorce that I just filed few weeks ago. My lawyer already sent the divorce papers to him in the Philippines but afraid he's not going to reply, so this divorce might take some take and money?

There is no way to predict how long your divorce will take. It all depends on the peculiarities of your case.
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#7 Cutie_Patootie

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Posted 14 June 2010 - 10:44 PM

to put everything in short.

If you want to remarry someone again in the Philippines ---get an annulment.

If you want to remarry someone in the States, ---get a divorce.

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NVC

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#8 john_and_marlene

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Posted 15 June 2010 - 07:48 AM

to put everything in short.

If you want to remarry someone again in the Philippines ---get an annulment.

If you want to remarry someone in the States, ---get a divorce.


There are implications that go far beyond where you want to get remarried. Without the annulment, they would be guilty of bigamy, because they are still married in the Philippines--just because they obtain a U.S. divorce, does not mean that they are not still married. If noone ever questions the legitimacy of the divorce or discovers that they are still married in the Philippines, they may live a lie thinking that they are lawfully married to someone new, but the validity of the new marriage could always be challenged where a valid previous marriage still exists. Their marriage would never be recognized in the Philippines which could have many implications if they ever want to return there. Certainly any children from the second marriage would be considered illegitimate in the Philippines. Certain priveledges normally enjoyed by the spouse of Filipino would never be granted to the new spouse such as the 1 year Balikbayan visit visa vs. 21 days for others. They might even find themselves in legal trouble if they visit the Philippines and the other spouse, who was left in the Philippines still married, makes accusations or complaints.
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07/18/2005 Consulate Received package from NVC
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#9 marklovetina

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Posted 15 June 2010 - 08:06 AM

Once your divorce is final, you can marry at any time in the US but you cannot remarry in the Philippines without obtaining an annulment decree.

You will need an annulment decree if you were a Filipino citizen at the time you initiated the divorce. If you wait until you become a US citizen to file the divorce, then you only need to have your divorce judicially recognized in the Philippines and then you can remarry in the Philippines. Since you already initiated divorce while you are a Filipino citizen, you can only remarry in the US, but not in the Philippines. If you want to have a wedding in the Philippines, you need to continue with your annulment. If you married in the Catholic church and want to have another church wedding either in the US or the Philippines, you would also need to have your church wedding declared null and void by the Catholic Church and that can be a very tedious process.



There is no way to predict how long your divorce will take. It all depends on the peculiarities of your case.



There are implications that go far beyond where you want to get remarried. Without the annulment, they would be guilty of bigamy, because they are still married in the Philippines--just because they obtain a U.S. divorce, does not mean that they are not still married. If noone ever questions the legitimacy of the divorce or discovers that they are still married in the Philippines, they may live a lie thinking that they are lawfully married to someone new, but the validity of the new marriage could always be challenged where a valid previous marriage still exists. Their marriage would never be recognized in the Philippines which could have many implications if they ever want to return there. Certainly any children from the second marriage would be considered illegitimate in the Philippines. Certain priveledges normally enjoyed by the spouse of Filipino would never be granted to the new spouse such as the 1 year Balikbayan visit visa vs. 21 days for others. They might even find themselves in legal trouble if they visit the Philippines and the other spouse, who was left in the Philippines still married, makes accusations or complaints.

:yes: :yes: :yes: :thumbs: :thumbs: :thumbs:
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#10 islandgirl27

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Posted 17 June 2010 - 05:25 AM

thank you all for your advices.When my divorce gets finalized,I know I am still a Filipino citizen and soon will be marrying A US citizen.Can i still continue filing for the annulment which was pending due to financial circumstances?Since my lawyer here tells me i don't need to go on for it though im still filipino citzen who filed for divorce,he said i can always send the papers to the court in the philippines later on when i become a citizen.i'm a bit confused here.my lawyer in the philippines is asking me more money since i told them i would have to delay the process until i get done with the divorce here.they said i would have to pay more for the waiting period.at first they asked me 180k pesos then now they said it will be double by the time i decide to continue it which is within this year.pls help.thanks
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#11 Pinay Wife

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Posted 17 June 2010 - 10:05 AM

thank you all for your advices.When my divorce gets finalized,I know I am still a Filipino citizen and soon will be marrying A US citizen.Can i still continue filing for the annulment which was pending due to financial circumstances?Since my lawyer here tells me i don't need to go on for it though im still filipino citzen who filed for divorce,he said i can always send the papers to the court in the philippines later on when i become a citizen.


Your US lawyer is correct in saying that you don't need to go for an annulment right now if you want to marry your US citizen fiancee here in the US. Your ex, however, can cause you trouble because he can file a bigamy case against you. You can be subject to arrest once you set foot in the Philippines. Just be very careful.

About sending the divorce papers to the Philippines later on after you become a US citizen, this is where your US lawyer is not familiar with Philippine laws. Your US divorce decree would still not be recognized in the Philippines because you were a Filipino citizen at the time it was granted, and therefore, subject to Philippine laws.


i'm a bit confused here.my lawyer in the philippines is asking me more money since i told them i would have to delay the process until i get done with the divorce here.they said i would have to pay more for the waiting period.at first they asked me 180k pesos then now they said it will be double by the time i decide to continue it which is within this year.pls help.thanks


There is no such thing as paying a "waiting period" fee unless your lawyer is a metered taxi driver. Your lawyer knows you are in the US and thinks that you have cash aplenty pero hwag ka papaloko sa kanya. If I were in your shoes, I would still proceed with the annulment case for peace of mind.
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#12 Pinay Wife

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Posted 17 June 2010 - 01:59 PM

Looks like that bigamy cases in the Philippine are not successful if the second marriage is contracted outside the Philippines. Below are opinions from lawyers in the Philippines:


http://gtalawphil.com/wordpress/?p=81


I remember we had a client who was accused for the crime of bigamy at the Regional Trial Court in Muntinlupa City. His first marriage was celebrated in Muntinlupa City and the second marriage was celebrated in Australia . The second marriage was also reported in the Philippine Embassy in Australia and subsequnetly, it was recorded in the NSO. The first wife filed a bigamy case upon knowledge of the second marriage and my client was immediately arrested at the NAIA upon his arrival. Right before arraignment, we filed a Motion to Quash the Information for Bigamy on the ground that the court has no jurisdiction over the subject matter of the offense. The second marriage was contracted outside the Philippine territory and the case does not fall under any of the exceptions enumerated in Article 2 of the Revised Penal Code. The RTC in Muntinlupa sustained our Motion and dismissed the case.




http://www.manilatim...-case-of-bigamy

The act of contracting a second marriage while a first one still subsists is called bigamy.

Bigamy is defined under the law as the act of contracting a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. (Article 349, Revised Penal Code of the Philippines)

However, from your narration, it appears that your husband contracted his second marriage in Bahrain. It is worth mentioning that, Philippine criminal law has the following three main characteristics: (1) generality;
(2) territoriality and (3) prospectivity or irretrospectivity. To answer your question, we will only discuss the relevant characteristic, which is territoriality.

Territoriality of criminal law simply means that the law is applicable to all crimes committed or perpetrated within the limits of Philippine territory. Consequently, crimes committed outside the territory of the Philippines are not within the jurisdiction of Philippine authorities to prosecute, subject only to certain exceptions provided by the law.

However, the specific exceptions that are provided under Article 2 of the Revised Penal Code are not applicable to your case, and thus may not be made the basis of the filing of the criminal complaint against your husband before the Philippine authorities. Given that, you may not file a criminal case for bigamy against your husband in the Philippines.

As penal laws of the Philippines are territorial in nature, the same penalize those acts defined as criminal acts committed within the Philippine territory. Crimes or felonies committed even by Filipinos outside of the Philippines do not come within the ambit of our criminal laws. Thus, the act of your husband in contracting a second marriage in Bahrain cannot be prosecuted or tried in the Philippines, having been done outside of its jurisdiction.

However, if the husband returns to the Philippines with his second wife and they live together as husband and wife, you may then file a criminal complaint for concubinage against them.


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#13 MovingtoNDsomeday

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Posted 17 June 2010 - 02:50 PM

No, continue with annulment in the Philippines. Also, I don't think you can remarry at church of the Philippines.
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#14 pixie77

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Posted 17 June 2010 - 03:52 PM

Pinay wife..your post was very helpful in my situation..I was naive now enlightened..I was hoping to find similar topics articles to no avail...I'd appreciate it if you can post the link...Thanks much!! :dance:
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#15 pixie77

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Posted 17 June 2010 - 04:04 PM

oops i overlooked the link...:)...thanks again...
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AOS from B1B2
06/14/10 Mailed I-130, 485,765,824
06/16/10 Delivered to Chicago Lockbox
06/22/10 Received texts & email routed to NBC
06/24/10 Checks cashed for I-130, 485, 765, 824
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