BIGAMY

[queng 5]

Hello guys, Im back to visa journey Its been a long time since the last time I was her. Anyways, Im planning to get my mom here but there is a problem with her papers.

First she was married to my dad 1981 but they never live together. Couple of years passed they never seen each other for a long time. After 12 years my mom got married with my stepdad.

I asked her to ger her cenomar to see how many marriage she had. It state that she has two. Basically, she need an annulment. I talked to a lawyer and told me that my stepdad should file a bigamy. 

Im worried that it will affect my mom's visa application. 

 

Should I let my stepdad file a bigamy? What other grounds can we file to get my mom annul to my stepdad??

 

please help 

thank you

[NikLR 13,220]

~~moved to Philippines regional forum from bringing family members of USC.  Topic will more appropriately be answered in this forum due to the nature of the question~~

[Boiler 43,396]

Sounds like you need a local lawyer, bigamy is usually a criminal offence.

[Ervie and Rob 34]

1 hour ago, queng said:

Hello guys, Im back to visa journey Its been a long time since the last time I was her. Anyways, Im planning to get my mom here but there is a problem with her papers.

First she was married to my dad 1981 but they never live together. Couple of years passed they never seen each other for a long time. After 12 years my mom got married with my stepdad.

I asked her to ger her cenomar to see how many marriage she had. It state that she has two. Basically, she need an annulment. I talked to a lawyer and told me that my stepdad should file a bigamy. 

Im worried that it will affect my mom's visa application. 

 

Should I let my stepdad file a bigamy? What other grounds can we file to get my mom annul to my stepdad??

 

please help 

thank you

That's odd if you ask your stepdad to file bigamy then your mom would be in jail for that. I am no lawyer but just studied law back then you can ask them if assuming your father remain no contact with your mom to date would it be possible to get an order from court that he is presumed to be dead at this point to validate the 2nd marriage. 

Do ask lawyer what would happen if your mom was found guilty of bigamy? Can we assume to have her second marriage void due to the first one being valid? I hope you would found a better way to get to it.

 

 

[MarkPerry 488]

2 hours ago, Boiler said:

Sounds like you need a local lawyer, bigamy is usually a criminal offence.

My buddy who is a Captain in the PNP got caught fooling around with his buddy's wife, he was charged with adultery.  He had to pay off the charges to make them go away. I am sure there is jail time in Philippines for bigamy.

 

I would consult with an attorney base in the Philippines

[queng 5]

On 1/8/2017 at 11:28 PM, Boiler said:

Sounds like you need a local lawyer, bigamy is usually a criminal offence.

I talked to a lawyer and that what she said to file null or void and she also said its a civil case.

[queng 5]

21 hours ago, MarkPerry said:

My buddy who is a Captain in the PNP got caught fooling around with his buddy's wife, he was charged with adultery.  He had to pay off the charges to make them go away. I am sure there is jail time in Philippines for bigamy.

 

I would consult with an attorney base in the Philippines

I did consult an atty and that what she said. Im having a doubt because I know bigamy will ban my mom for 5 years. 

[Ervie and Rob 34]

If you file null and void for the second marriage that's a civil case, your mom filing it. But don't ask your step dad to file bigamy that's a criminal case with 6-12 yrs imprisonment. Sorry to ask but are they still together? Or does he have any intention to file case against your mom?

[geowrian 22,335]

6 minutes ago, queng said:

I talked to a lawyer and that what she said to file null or void and she also said its a civil case.

I don't claim to be a lawyer. But unless the first marriage is annulled, everything I'm reading indicates that it is a criminal offense. It might not be a bad idea to get a second opinion as well (it's never a bad idea!)

 

"If the first wife abandons her husband and could no longer be found, could our “bigamous” marriage be recognized?

No, mere disappearance of the first and legal wife would not render the bigamous marriage legal. It would still be considered illegal under the eyes of the law."
 

"What is the penalty for bigamy?

 

Bigamy carries with it the afflictive penalty of prision mayor, having imprisonment duration of six (6) years and one (1) day to twelve (12) years."

 

http://www.mylawyer.asia/node/20

 

[queng 5]

On 1/9/2017 at 11:50 PM, Ervie and Rob said:

If you file null and void for the second marriage that's a civil case, your mom filing it. But don't ask your step dad to file bigamy that's a criminal case with 6-12 yrs imprisonment. Sorry to ask but are they still together? Or does he have any intention to file case against your mom?

The lawyer told me that it will be JUST a ground for an annulment. Both my biological and stepdad will not file any bigamy case to my mom. Also, the lawyer told me that my stepdad supposed to be the one filling for annulment ground for bigamy.  So the case will not BIGAMY but just ground for annulment.  Im so worried that if it will show my mom police or NBI record.  What do you think?