US Citizen or Divorce First?

[k24 0]

Pls help. My boyfriend is a permanent resident eligible for US Citizenship. He is currently legally married in the Philippines but is separated already for 3 years. We do not want any lawyer to avoid fees. Which should he file first? Divorce or US Naturalization or both?

[RickJovi 81]

Pls help. My boyfriend is a permanent resident eligible for US Citizenship. He is currently legally married in the Philippines but is separated already for 3 years. We do not want any lawyer to avoid fees. Which should he file first? Divorce or US Naturalization or both?

Sorry, no divorce in the Philippines. You may be able to divorce here in the U.S., but I am not sure. It will not be recognized in the Philippines and he will still be married there.

[k24 0]

Sorry, no divorce in the Philippines. You may be able to divorce here in the U.S., but I am not sure. It will not be recognized in the Philippines and he will still be married there.

http://www.gtalawphil.com/Philippine%20Annulment%20101_divorce.htm

ANNULMENT 101: Philippine Annulment Law Made Easy

LESSON VIII: DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

Q. I am a former Filipino citizen married to a Filipino citizen. I have recently obtained a Decree of Absolute Divorce of my marriage in the Philippines from the Circuit Court of Cook County, Chicago Illinois. Do I still need to file an Annulment Petition in the Philippines?

GTALAW: No. There is no need for you to file another Petition for Annulment in the Philippines. The Decree of Absolute Divorce can be recognized in the Philippines because you are no longer a Filipino citizen when you obtained the Decree from the Circuit Court in Cook County in Chicago, Illinois. Please see case of LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000.

Q. Recently, I went to the local Civil Registrar in Quezon City to record in my Marriage Contract, the Decree of Absolute Divorce which I obtained from Baltimore County Circuit Court in the United States. I told them that I am no longer a Filipino citizen when I obtained the Decree of Absolute Divorce. But the Local Civil Registrar refused to record my Divorce without a Court Order from the Philippine Courts. What should I do?

GTALAW: The Local Civil Registrar correctly refused to annotate your Divorce Decree in your marriage Contract. You have to file a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court. You will need an experienced lawyer to do this because there are intricate legal procedures involved in this process.

Q: What if my ex-wife, who is a Filipina, was the one who a obtained a Divorce before American Courts. Is the Divorce valid? Is she entitled to remarry under Philippine Law?

GTALAW: No. The Divorce obtained by your Filipina wife is not valid. She is not entitled to remarry because the Divorce which was obtained by her before American Courts is not recognized under Philippine Law. As a Filipino citizen, the Family Code of the Philippines should be followed on how her marriage will be dissolved.

Q: My husband is a legal permanent resident in California U.S.A. Just recently, he obtained a Divorce in America. Is the Divorce valid under Philippine Law?

GTALAW: No. The Divorce is not valid under Philippine Law. Your husband is still a Filipino citizen even though he has a legal permanent status in the U.S. As a Filipino citizen, the Family Code of the Philippines should

be followed on how your marriage will be dissolved.

[k24 0]

http://www.gtalawphil.com/Philippine%20Annulment%20101_divorce.htm

In reference to the link above, I am now confused on which should he do first, get divorced or file for USC then get a divorce? Currently, he is SINGLE in his tax records in the US because he entered the US SINGLE as petitioned Legal Permanent Resident.

[RickJovi 81]

http://www.gtalawphil.com/Philippine%20Annulment%20101_divorce.htm

In reference to the link above, I am now confused on which should he do first, get divorced or file for USC then get a divorce? Currently, he is SINGLE in his tax records in the US because he entered the US SINGLE as petitioned Legal Permanent Resident.

It sounds as if he is still a LPR and not a U.S. Citizen. If so the divorce will not be recognized as mentioned in the detailed information provided earlier. Makes sense to become a USC first then file the divorce and it should be recognized as he will no longer be a Philippine citizen.

Edited February 19, 2012 by RickJovi

[VanessaTony 3,567]

Pls help. My boyfriend is a permanent resident eligible for US Citizenship. He is currently legally married in the Philippines but is separated already for 3 years. We do not want any lawyer to avoid fees. Which should he file first? Divorce or US Naturalization or both?

He needs to file for USC first. As a US citizen the Philippines no longer holds him to the Philippines divorce rules. If he was to divorce it will be more difficult if he returns to the Philippines.

USC THEN divorce.

[LizLovesFlor 11]

ok, so what if... the philippine citizen divorced before he became a U.S. Citizen? He can not get divorced again so how does he go about having a recognized divorce under Philippine law?