Im married in the Philippines wants to file divorce in US Is this will be recognize also in the Philippines?

[danabanana 0]

Iam greencard holder since I got here in USA from 2009 then i had ex boyfriend that i got married to him in May 2010 when i spent vacation back to the Philippines because I was planning to bring him over here but since our relationshit didnt work I found out that he cheated on me so i broke up with him Sept. 2010 when i flew back from the Philippines ,Right now Ive met someone already since lastyear me and my USC boyfriend together with our lil one planning to go back in the Philippines that way I wont have any problems as soon as he finds out were there Now What shud i do first?

[Darnell 8,480]

first? file for divorce in the USA.

[danabanana 0]

Ok so as soon as i filed divorce here US is this will be recognize in the Philippines?

thanks for swift response.

[KayDeeCee 4,903]

~ Moved from AOS from Family Based Visas to Philippines regional forum- topic about Philippines divorce laws~

[FirstOfficerD 5]

Only if you are a U.S. citizen, Philippine Law will recognized your divorce, since you are permanent residence (you are still Filipino) you are still subject of Philippine Law

Just FYI, you can find your answer on Family Code of Philippines, Executive Order 209

A divorce obtained by a Filipino in another country, like the USA or Japan for example, is not recognized here in the Philippines. In several decisions, our Supreme Court has ruled that a Filipino who obtains a divorce abroad and gets married here again, is liable for bigamy.

[1] People v. Schneckenburger: The Supreme Court held that the accused, who secured a foreign divorce and later remarried in the Philippines (believing that the foreign divorce was valid), is liable for bigamy.

[2] People v. Bitdu: The Court carefully distinguished between a mistake of fact from a mistake of law. A mistake of fact could be a basis for the defense of good faith in a bigamy case. On the other hand, a mistake of law does not excuse a person, even a lay person, from liability. In this case, the accused had obtained a divorce under Mohammedan custom. The Court held that even if the accused honestly believed she was not committing any violation of the law in contracting her second marriage, and that she had no criminal intent, these did not justify her act.

The Court also ruled that everyone is presumed to know the law. The lack of knowledge that the act constitutes a violation of the law does not exempt a person from the consequences.

[sunandmoon 450]

A divorce in the USA will not be recognized in the Philippines. the only time you can have a judicial recognition of foreign divoce in the Philippines is when a filipino citizen marries a foreign citizen and the foreign citizen initiates the divorce.

Edited September 25, 2013 by sunandmoon

[Darnell 8,480]

if you are marrying a USCitizen in the USA - why does it matter if your divorce is recognized in the PI ?

DanaBanana - I really love how you write - I am going to copy your word of relationshit for future use.

Edited September 25, 2013 by Darnell

[danabanana 0]

Ok thanks yall...but Im worried about us that anytime he cud us up as soon as we step on the Philippines, so basically I have my 8yrs old kid back home thats the reason why were planning to go back there... I know that filing Annulment in Philippines will cost of money..

[danabanana 0]

if you are marrying a USCitizen in the USA - why does it matter if your divorce is recognized in the PI ?

DanaBanana - I really love how you write - I am going to copy your word of relationshit for future use.

[danabanana 0]

oh i see. thank you!

Im using this word RELATIONSHIT for those people who will just ruin your life and whose a piece of ..

So yea feel free to use it in the future.

[Crashed~N2~Me 970]

(if) You are concerned about your husband being able to at least make trouble & as much = file adultery charges - the answer = Yes. There is a possibility your husband could bring charges against you while you are there.

& - A US divorce won't protect you unless you are already = USC.

Your only option is annulment. Since he cheated on you - should be a laydown (so to speak).

(Maybe you better leave the Kano here in the states until you finalize annulment)

Edited September 25, 2013 by Crashed~N2~Me

[Darnell 8,480]

maybe this is a time and timing issue?

Here's my 2nd thought, after reading your new stuff:

1. obtain uscitizenship.

2. file for divorce in the USA

3. get married in the USA to that new fella that loves you

4. start annullment process in the PI.