Divorce

[spy 0]

Thanks everyone for the input, how about this question from JOMO'S GIRL?

Does the marriage in the US count at all since you were legally married in the Phillipines

[sunandmoon 450]

Thanks everyone for the input, how about this question from JOMO'S GIRL?

Does the marriage in the US count at all since you were legally married in the Phillipines

was it recorded at a county clerks office?

[Jasman0717 8]

You can file for divorce here but it won't terminate your marriage in the Philippines. Claudeth was told by embassy staff up in L.A. that her marriage could be removed in the Philippines only if I divorced her, not her divorcing me. You have to be the respondant on the petition.

That's correct. A divorce in the US will be recognized in the Philippines only if it is the USC that petitions for the divorce. If her husband files for divorce, it will be recognized in the Philippines and she will not need an annulment.

For some reason the lady at the Filipino embassy thought Claudeth needed a long lecture on this. Kind of weird

[mikeandlani 0]

So that this matter is clear and incorrect information can stop, I looked up the applicable article of the family law.

Article 26 of the family code was amended by executive order 227 on July 17, 1987.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Under Philippine laws, divorce is not a recognized mode of dissolving marital relationship. The above quoted provision is an exception to the general rule. The purpose of the law was to somehow give the Filipino national the same rights as that afforded the foreign spouse by virtue of said divorce. Since the OP is still a Filipino national, the laws of the Philippines will continue to apply to her as specifically provided under Article 15 of the Civil Code, which states: "Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad." In view of the law of the Philippines, any divorce filed by the OP, while continuing to be a Filipino citizen, would have no legal effect whatsoever in the Philippines.

[john_and_marlene 162]

So that this matter is clear and incorrect information can stop, I looked up the applicable article of the family law.

Article 26 of the family code was amended by executive order 227 on July 17, 1987.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Under Philippine laws, divorce is not a recognized mode of dissolving marital relationship. The above quoted provision is an exception to the general rule. The purpose of the law was to somehow give the Filipino national the same rights as that afforded the foreign spouse by virtue of said divorce. Since the OP is still a Filipino national, the laws of the Philippines will continue to apply to her as specifically provided under Article 15 of the Civil Code, which states: "Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad." In view of the law of the Philippines, any divorce filed by the OP, while continuing to be a Filipino citizen, would have no legal effect whatsoever in the Philippines.

That's correct. A divorce will only be recognized if the non-Filipino spouse files for the divorce.

[jom 4]

If your husband will file for the divorce here, then you dont have to file and annulment in the Philippines, however, when the divorce filed by your husband is already granted here in the USA , you still have to file a petition before the family court where you to got married in the Philippines for the divorce decree to be recognized for remarriage purposes. Once the petition is granted and the divorce decree is recognized by our Philippine laws , the same will be registered in the LCR where you got married and eventually in the NSO. Remember that you also got married in the Philippines so there is a record of such marriage in the LCR and our NSO so the divorce decree that will be obtained by your husband must be recognized by our Philippine courts ( I see no problem with this and the petition is easy) for remarriage purposes.

If your husband is not interested in filing for the divorce then you have to get an annulment in the Philippines. Annulment, although considered a civil case is a "special case" so you have to go home and appear before the court esepcially during the pre-trial conference because you will be the petitioner.

Edited February 11, 2008 by jom