I need some help here!

[MrMrsKnight 0]

Hey guys... I have a friend who's looking into the possibility of trying to get his girl a fiance visa and I'm trying to help him the best way I can. So I have a few questions:

She's from the Philippines and she's been separated from her "ex-husband" for awhile but she's still legally married. What is the process of getting divorced there like? Is it too hard? This friend of mine said it's not possible to get divorced there but I'm not sure about that.

Can anyone point me to the right direction here?

Thanks!!

Edited September 9, 2006 by MrMrsKnight

[gugu24 0]

i wont say impossible but it takes too long to annule the div. thats what i heard of. dont take it granted just my info. ask your friend to consult an attorney.

[Alanlvsjudy 0]

Divorce in the Philippines is not legal, she MAY be able to get an annulment

but as to whats involved...I dont know

Good Luck

[MrMrsKnight 0]

Thank you gugu! I'll do that.

Your little girl always makes me smile... hehe

[GaryC 7]

I had to get Luz an annulment before we could file her petition. Let me tell you, it's not easy or cheap. It cost me about $4000 and took 2 years. Even at that it still isn't a sure thing that you will get it. They make it as hard as possible on purpose. It's are real trial to get one.

[Squirmy mold 0]

Divorce is not possible in the Philiipines...Annulment ! It's so difficult and soo expensive to have one....Goodluck...

I had to get Luz an annulment before we could file her petition. Let me tell you, it's not easy or cheap. It cost me about $4000 and took 2 years. Even at that it still isn't a sure thing that you will get it. They make it as hard as possible on purpose. It's are real trial to get one.

[kismet 0]

Hi.

I had to get an annullment before we were able to file the K1. It is very expensive and the process is a real wringer, mine took three years. I saw some members of VJ from the Philippines who got theirs in less than 2 years, and they thought that was a long time already! Mine is a very straightforward case, and easy enough to prove psychological incapacity on the part of my ex (that is one of the more acceptable grounds for annullment).. but the delays were to due to the schedule of hearings... they schedule your hearing on a certain date, then postpones it for anotther 3-6 months because the judge in on personal leave, the fiscal is attending a convention, the judge is on a trip abroad.. and other reasons that make you squirm. Also, it would depend on the work load of the court, and thus will depend on where your friend resides now. Manila and Quezon City courts are swamped, so if she lives in the province, I would think the process will be a lot shorter.

Depending on the ground for annullment, your friend needs to pay for the services of a psychiatrist to be her expert witness, to prove psychologocal incapacity. Cost varies... we paid P15,000 for the psyschiatrist alone. And your friend will go through the process of narrating all that transpired in her relationship with the ex, which can be emotionally trying. Going back to all the details of the relationship during the annullment process and having to go through the cross examination in the hearing even after 17 years of separation left me emotionally tired. This is the only time your friend has to be appear in court by the way. She doesn't have to be there durign the pre-trial confrence, and the hearing where the psychiatrist will testify for her.

And yes, it is not always a sure approval after going through all that. Psychological incapacity is not easy to prove. Your friend has to prove that the at the time of marriage, the spouse is not psycholgically fit as a husband, thus the marriage is null and void from the start.

When it is approved and the decision is handed down, comes the part where she will have to file the Decision with both the Local Civl Registrars where the marriage was officiated, and town/city where the Decison was passed to have her records officially changed, and finally back to the Court where she will be issued the Absolute Decree of Nullity of Marriage. Then to the National Statistics Office, for the Annotated Marriage Contract. This is the document the US Government wants.

I hope this helps.

Gen

[ready4ONE 5,400]

My understanding of it is that if she were married in the Catholic Church it is quite a difficult process to get a divorce. But I know from some friends there who have gone through it, it can be done. It is expensive and takes a considerable amount of time.

I believe, if her marriage was a civil ceremony it would be a lot less time consuming to get a divorce in PI.

Either way it is possible, and the system does work to discourage divorce, but it can be done if there is a lot of effort put into it.

[kismet 0]

This was discussed by someone in the Manila Interview Thread.. about the annullment of a church marriage, and it really left me thinking.

I was married in the Catholic Church, and that was indicated in the annullment I filed. But when the Decision came out, it was all legal and correct up to the issuance of the Annotated Marriage Contract. I was not told by the court that a separate process was necessary for voidance by the church. And yes, I can get married in Church now.

But this is just my experience.

Gen

[gugu24 0]

Why is it so difficult to get marriage annuled in Phil? Monoply of church?

[ready4ONE 5,400]

Why is it so difficult to get marriage annuled in Phil? Monoply of church?

It is taken very seriously, the concept of marriage in the Phillipines, and the Catholic Church has a lot to do with it. One of my friends there took over two years to get her marriage ended.

[kismet 0]

true.. and add to that the culture... close knit family life.

[MrMrsKnight 0]

Thank you guys... I'll give my friend the link to this thread.

As always, you guys rock

[SirLancelot 1]

Very interesting read.

This has me thinking. A person married in PH can divorce elsewhere. PH law doesn't supercede US law when in the US.

So.... if somehow the PH citizen could find a way to enter the US--and of course this is very difficult to do--then he/she could divorce in the US. Say you got a work visa to the US. That person comes to the US to work. After a while, s/he decides to divorce. S/he would file for divorce in the state court of his or her residence in the US. That would circumvent all the anti-divorce laws of PH.

What do you all think? Is this doable?

[Alanlvsjudy 0]

Very interesting read.

This has me thinking. A person married in PH can divorce elsewhere. PH law doesn't supercede US law when in the US.

So.... if somehow the PH citizen could find a way to enter the US--and of course this is very difficult to do--then he/she could divorce in the US. Say you got a work visa to the US. That person comes to the US to work. After a while, s/he decides to divorce. S/he would file for divorce in the state court of his or her residence in the US. That would circumvent all the anti-divorce laws of PH.

What do you all think? Is this doable?

No, the marriage contract was made in the Philippines so *if* you could get a divorce in the US,

it would not be recognized in the PI. Divorce is illegal in the PI, annulment is the best that can be hoped for.