Married in PI, Divorcing in US.

[wanted:happiness 0]

Good day fellows.

To make everything short, Things didn't work between me and my husband. And we are in the verge of getting a divorce.

My questions are;

1.) If we got married in the Philippines, and we get a divorce here in the US of which I am the petitioner, should I still report this divorce in the Philippines?

2.) If I am divorced here in the US, can I re-marry without getting in trouble with Philippine and US law?

Thank you for your replies.

[DanTes 21]

A U.S. divorce need not be reported to the Philippines. A U.S. divorce decree/dissolution of marriage is recognized in the Philippines which will allow both parties to contract marriage. Just ensure both you and your spouse have certified copies of the FINAL DECREE issued by the U.S. court.

[-teRe- 9]

Good day fellows.

To make everything short, Things didn't work between me and my husband. And we are in the verge of getting a divorce.

My questions are;

1.) If we got married in the Philippines, and we get a divorce here in the US of which I am the petitioner, should I still report this divorce in the Philippines?

2.) If I am divorced here in the US, can I re-marry without getting in trouble with Philippine and US law?

Thank you for your replies.

1) You are under no obligation to report the divorce decree obtained in the US, the Filipino spouse has the duty to prove such decree in case she/he wants to remarry; and

2) If you are divorce in the US, yes you can remarry assuming the divorce is valid under your laws, no problem with Philippine laws because you are not a Filipino citizen so our laws does not find application to you under the Nationality Principle, you are govern by your own laws (US)

[marriedtomrg 141]

I may be wrong, but I believe there are different rules that apply.

OP said in her title that they were married in the Philippines, but planning to divorce in the US.

Did a little digging and found this information:

If divorce was initiated by the U.S. Citizen spouse, the Filipina spouse needs to have the divorce decree recognized and annotated in her PI marriage contract.

If divorce was initiated by the Filipina spouse in another country, it will not be recognized in the Philippines, so an annulment proceeding is required.

If the Filipino beneficiary is a legal resident of a country that accepts divorce, her divorce decree will be accepted by the US Embassy regardless of who initiated it. The law of the host country prevails over her own country's laws.

This way if you decide down the road that you would like to remarry, you are free and clear on both sides of the continent.

Good day fellows.

To make everything short, Things didn't work between me and my husband. And we are in the verge of getting a divorce.

My questions are;

1.) If we got married in the Philippines, and we get a divorce here in the US of which I am the petitioner, should I still report this divorce in the Philippines?

2.) If I am divorced here in the US, can I re-marry without getting in trouble with Philippine and US law?

Thank you for your replies.

[wanted:happiness 0]

I am not yet a US Citizen, but I am currently possesing a 10 yr GC.

So If we divorced, as long as I have a final divorce decree I am free to re-marry in the US, but not in the Philippines since I have to have an annulment?

Did I got it correctly?

[Deputy Purple 1,294]

The OP didn't say if she is the Filipino or USC.

The Op didn't tell us who was the Petitioner and Respondent in the Divorce filing.

This is important for the Filipino if they ever plan to return to the Philippines.

If the USC was the petitioner the the Filipino can file with the Philippine courts to have their foreign divorce recognized which will have the same affect as being annulled.

If the Filipino is divorced and return to the Philippines they won't be free to marry in the Philippines until they are either annulled or have completed the filing mentioned above. This means they can not get another marriage recognized by the NSO so they'd not be able to get a passport in their new married name. Additionally, if they ever wanted to immigrate to the US (again) the CFO will not endorse their passport for either a K-1 or CR/IR-1 so will the USEM would issue a Visa they won't be allowed to leave the Philippines.

[JimVaPhuong 4,863]

I am not yet a US Citizen, but I am currently possesing a 10 yr GC.

So If we divorced, as long as I have a final divorce decree I am free to re-marry in the US, but not in the Philippines since I have to have an annulment?

Did I got it correctly?

Are you Filipino? If so then need to read what marriedtomrg wrote.

A Filipino cannot divorce another Filipino anywhere in the world and have that divorce recognized in the Philippines.

A Filipino can divorce a foreigner, and have that divorce recognized in the Philippines, but only if the divorce was initiated by the foreigner (i.e., the foreigner submitted the divorce petition). You need to ask a court in the Philippines to recognize the foreign divorce before you'll be considered unmarried in the Philippines.

A Filipino cannot initiate a divorce from a foreigner (i.e., file a divorce petition) and have that divorce recognized in the Philippines.

A Filipino who obtains a divorce abroad is free to marry in the country where they divorced, and probably free to marry in most of the rest of the world, but may NOT be free to marry under Philippine law according to the requirements outlined above. If the divorce is not recognized in the Philippines, then the Filipino would be considered a bigamist in the Philippines if they remarried. They could be subject to arrest for bigamy if they return to the Philippines.

[wanted:happiness 0]

The OP didn't say if she is the Filipino or USC.

The Op didn't tell us who was the Petitioner and Respondent in the Divorce filing.

This is important for the Filipino if they ever plan to return to the Philippines.

If the USC was the petitioner the the Filipino can file with the Philippine courts to have their foreign divorce recognized which will have the same affect as being annulled.

If the Filipino is divorced and return to the Philippines they won't be free to marry in the Philippines until they are either annulled or have completed the filing mentioned above. This means they can not get another marriage recognized by the NSO so they'd not be able to get a passport in their new married name. Additionally, if they ever wanted to immigrate to the US (again) the CFO will not endorse their passport for either a K-1 or CR/IR-1 so will the USEM would issue a Visa they won't be allowed to leave the Philippines.

I have mentioned I have only 10 yr GC so that means I am not the USC

and I have also mentioned I am the petitioner.

Thank you for the replies fellows. Greatly appreciated

[-teRe- 9]

I am not yet a US Citizen, but I am currently possesing a 10 yr GC.

So If we divorced, as long as I have a final divorce decree I am free to re-marry in the US, but not in the Philippines since I have to have an annulment?

Did I got it correctly?

[/quote/]

Are u a Filipino but a green card holder?, if you are, then you can't file for a divorce in the US, if you ever do, such decree is void for being contrary to public policy, Philippines doesn't recognize such thing, your legal capacity to remarry is governed by Phil laws; my prior post will only apply if you are already a USC; now, my statement would still be the same, you need not to report the divorce decree you obtained in the US to the Phil government because it will have no effect on you capacity to contract another marriage such decree being void as you are still a Fil citizen merely holding a green card; also

Even if you have the final divorce decree you are NOT free to remarry anywhere in the world for reasons above stated ( see my previous post too),note, however, that a Filipino who INITIATED the divorce CAN remarry under Phil laws as long has he/she becomes a USC at the time the divorce decree was obtained, what controls is the citizenship at the time the decree was obtained not the time when the divorce was initiated, Philippine Supreme Court enunciated this ruling in the case of Republic vs. Orbecido III(Oct. 5, 2005) you may want to read the full text to further help you in the future.

http://www.chanrobles.com/scdecisions/jurisprudence2005/oct2005/154380.php

[pixie77 2]

Hi Wanted: Happiness

1.) If we got married in the Philippines, and we get a divorce here in the US of which I am the petitioner, should I still report this divorce in the Philippines?

2.) If I am divorced here in the US, can I re-marry without getting in trouble with Philippine and US law?

Will the divorce be recognized under Philippine law?

Answer: NO, the divorce decree obtained by Maria will not be recognized under Philippine law. Maria and Pedro were married in the Philippines, hence the laws of the Philippines, i.e. the Family Code of the Philippines, should determine how the marriage will be severed. Moreover, Maria is still a Filipino citizen. Even though she is permanently residing outside of the Philippines, as a Filipino citizen she is still subject to the laws of the Philippines relating to family rights and duties or status, condition and legal capacity (Art. 15 of the Family Code). Therefore, under the purview of Philippine law, the marriage of Maria and Pedro was not dissolved by the divorce decree issued by the U.S. court. Pedro is still the legal husband of Maria.

What if Maria obtained a divorce decree from a U.S. court not for the purpose of marrying John but solely to dissolve her marriage with Pedro?

Answer: Regardless of Maria’s intention in obtaining a divorce, a decision of a foreign court dissolving a marriage between Filipino citizens does not have any legal effect under Philippine law. Such a divorce would still be void and invalid.

Are there foreign divorces that are recognized under Philippine law?Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

What if Maria initiates the court proceedings to obtain a divorce?

Answer: The Family Code provides that the foreigner spouse should be the one who will initiate the divorce proceedings. If Maria herself initiated the action to dissolve the marriage, a divorce obtained thereafter will not have any legal effect on her marriage with Pedro. Any subsequent marriage contracted by Maria will be considered null and void under Philippine law.

Can Maria use the surname of John in the event that she applies for a Philippine passport?

Answer: Since the marriage of Maria and John are not recognized under Philippine law, Maria cannot use John’s surname as her married surname in her Philippine passport. She will still use the surname of Pedro as her married surname or she may revert to the use of her maiden surname in her passport. In the latter case, she has to execute a sworn declaration to revert to the use of her maiden surname.

If the divorce is not recognized in the Philippines, then the Filipino would be considered a bigamist in the Philippines if they remarried. They could be subject to arrest for bigamy if they return to the Philippines

When a Filipino who is already married in the Philippines, contracts another marriage abroad, the crime committed is bigamy. But the Filipino can not be prosecuted when he comes back to the Philippines, because the bigamy was committed in a foreign country and the crime is not covered by paragraph 5 of Article 2. However, if the Filipino, after the second marriage, returns to the Philippines and cohabits here with his second wife, he commits the crime of concubinage for which he can be prosecuted.

The Revised Penal Code shall not apply to any other crime committed in a foreign country which does not come under any of the exceptions and which is not a crime against national security.

I am not a legal authority just quoting excerpts out of a research I made...hope this helps...

Best of luck!!!

[pixie77 2]

This is an additional reading that might help you if you file your divorce when you become a US Citizen.

http://jaydejaresco.blogspot.com/2010/12/divorce-recognition-expanded-in-ph.html

Edited January 9, 2011 by pixie77

[George & Gina 29]

I am not yet a US Citizen, but I am currently possesing a 10 yr GC.

So If we divorced, as long as I have a final divorce decree I am free to re-marry in the US, but not in the Philippines since I have to have an annulment?

Did I got it correctly?

Have your husband initiate the divorce. It'll make your life much easier. Otherwise, you will not be free to remarry and will need an annulment from the Philippines.

George

[wanted:happiness 0]

Some infos you guys might need.

I(Filipino citizen) Initiated the divorce not to remarry in the Philippines just to solely dissolve my marriage to "John" (USC) and remarry here in the US.

-Can I use my single name again or I still have to keep my married last name?

So If I initited the divorce I am no longer eligible for the 3 yrs (based in marriage) citizenship rather becomes 5 yrs.

so the picture changes here... Aftr that 5 yrs span, I remarry, then became citizen, what will happen to the previous divorce decree? Can I have it recognize now by the Philippine law?

[pixie77 2]

I(Filipino citizen) Initiated the divorce not to remarry in the Philippines just to solely dissolve my marriage to "John" (USC) and remarry here in the US.

1. You are NOT an American citizen YET so your divorce will not be recognized in the Philippines as you being the green card holder is still governed by Philippines Laws.

[b]2.Let you husband start/initiate the divorce proceedings so once it's done you can just file a request in the Philippine court to recognize your divorce which is good as an annulment.[/b]

3. If you filed for divorce in the US, your divorce will be recognized in the US and you can re-marry with no problems.

-

Can I use my single name again or I still have to keep my married last name?

As divorce is not recognized under Philippine law except under circumstances where a foreign spouse is the plaintiff, the applicant must continue to use the surname of her previous spouse in the passport. However, a Certification may be issued explaining the difference in names ( Request for Certification – Subsequent Marriage).

am not yet a US Citizen, but I am currently possesing a 10 yr GC.

So If I initited the divorce I am no longer eligible for the 3 yrs (based in marriage) citizenship rather becomes 5 yrs

I am a bit confused here, you said you have now a 10 year GC, so it means you have removed your visa conditions. If it's been 3 years that you have lived with your husband you should have applied for the US citizenship before you filed for divorce.

The main requirements in filing for US citizenship based on marriage are you should still be married to the spouse who petitioned you for the visa and a clean crimminal record.

But since you are divorcing now,you will have to wait for 5 years before you can apply for US citizenship.

so the picture changes here... Aftr that 5 yrs span, I remarry, then became citizen, what will happen to the previous divorce decree? Can I have it recognize now by the Philippine law?

For as long as you filed the divorce decree as a Green Card Holder and a Filipino citizen it will NEVER be recognized by the Philippines.

Let you USC husband start/initiate the proceedings if you want it recognized in the Philippines.

ANother interesting issue right now in the Philippines is filing for divorce when you have become a naturalized US Citizen. That's why I posted a link for you to read because it is quite lengthy. But in effect this is what they [lawyers] are saying:

It can be suggested that if a Filipino spouse abroad obtains a divorce there, such a divorce should be recognized once that Filipino spouse abroad becomes naturalized.

http://jaydejaresco.blogspot.com/2010/12/divorce-recognition-expanded-in-ph.html

[ThreeC 0]

okay lets make this clear :

1) If Maria divorced Pedro and she is currently in a 10 yr Gc then eventually marry John

then Maria and John's marriage will ONLY be recognized in the U.S. but not in the Phils since

Maria and Pedro's marriage is still recognized in the Phils, am I right?

2) Say I got the first scenario right, If in the future Maria became a USC will the divorce that she

had with Pedro will now be recognized?

3) If not, Can USC Maria file ANOTHER divorce procedure for Pedro so this time It will be recognized

in the Phils since she is already a USC?

4) If still not? then what procedure can USC Maria do to "divorce" Pedro that can be recognized in the Phils other than annulment?

Please answer in Blue or red ink after each questions so it wont be confusing..thanks.