Another annulment Philippines thread :)

[mjkankjason 0]

First post here. Thanks all for the already numerous and informative posts on this subject.

One thing I couldn't find here is my question. Girl lives in Phil. and is a Phil citizen. She was married in 2010 and they have been separated (not legally) since 2012. He is basically out of the picture but sees their son once in a while. He is a USC living in Phil.

So here is my question. Can he file for divorce in USA and then have it transfered and recognized in Phil? Will that make her "free to marry"? Should we do both the annulment and divorce in USA at the same time to increase odds and to avoid a future annulment roadblock and to get the ball rolling now instead of later? They still talk and he is with another girl, so he is probably motivated to get out of the marriage also. They were married in Phil court....JOP style marriage (USA term).

Thanks

Edited May 3, 2014 by mjkankjason

[Girl from Celebes 588]

First post here. Thanks all for the already numerous and informative posts on this subject.

One thing I couldn't find here is my question. Girl lives in Phil. And is a Phil citizen. She was married on 2010 and they have been separated (not legally) since 2012. He is basically out of the picture but sees their son once in a while. He is a USC living in Phil.

So here is my question. Can he file for divorce in USA and then have it transfered and recognized in Phil? Will that make her "free to marry"? Should we do both the annulment and divorce in USA at the same time? They still talk and he is with another girl, so he is probably motivated to get out of the marriage also. They were married in Phil court....JOP style marriage (USA term).

Thanks

I hope the moderators see this post and moved to Philippines sub forum. You can get better answer there.

[Pitaya 2,577]

~Moved from K-1 Process to Phil. Regional Forum~

~Inquiry is country-specific~

[mjkankjason 0]

Doh....thanks. I hope so also.

[Hank_ 9,174]

First post here. Thanks all for the already numerous and informative posts on this subject.

One thing I couldn't find here is my question. Girl lives in Phil. and is a Phil citizen. She was married in 2010 and they have been separated (not legally) since 2012. He is basically out of the picture but sees their son once in a while. He is a USC living in Phil.

So here is my question. Can he file for divorce in USA and then have it transfered and recognized in Phil? Will that make her "free to marry"? Should we do both the annulment and divorce in USA at the same time to increase odds and to avoid a future annulment roadblock and to get the ball rolling now instead of later? They still talk and he is with another girl, so he is probably motivated to get out of the marriage also. They were married in Phil court....JOP style marriage (USA term).

Thanks

If the USC petitions the divorce in the USA then yes it will be recognized by the Philippines, and once the "processing" is done she will be free to marry.

[mjkankjason 0]

Awesome....thanks for the info. Hot in Tucson today? Suppose to be 100 up here in Phoenix today.

[mjkankjason 0]

Actually that brings up another question. Can he do it from Phil? Or will he have to go back to USA to do it? Divorce in USA can be fast but how fast will the divorce be recognized in Phil once it is filled there? Approx....obviously no one will know exact time.

[Hank_ 9,174]

Awesome....thanks for the info. Hot in Tucson today? Suppose to be 100 up here in Phoenix today.

Was 90 before noon, doubt it will get close to 100 though

Actually that brings up another question. Can he do it from Phil? Or will he have to go back to USA to do it? Divorce in USA can be fast but how fast will the divorce be recognized in Phil once it is filled there? Approx....obviously no one will know exact time.

Most states have residency requirements for divorce, have to check with the state. Maybe Nevada is as easy with divorce as they are with marriage.

[mjkankjason 0]

He wouldn't have to do it in his home state? He can do it in any state?

[mjkankjason 0]

I think the problem they will run in to is he lives in Phil still to this day. He cannot prove residence in the USA in any state. Maybe you are right about Nevada. I will do some checking.

[Hank_ 9,174]

He wouldn't have to do it in his home state? He can do it in any state?

Don't have to get married in your "home state" so divorce may be just a flexible in some states.

I think the problem they will run in to is he lives in Phil still to this day. He cannot prove residence in the USA in any state. Maybe you are right about Nevada. I will do some checking.

I don't know the residency requirements for the different states regarding divorce, you need to do some web searching.

[mjkankjason 0]

Okay so for future readers of this thread. Guam is the way to do it. Close to Phil and residency requirement is basically null....do some reading on it. Guam is considered US soil.

Nevada is very short residency requirement at only 6 weeks.

Edited May 3, 2014 by mjkankjason

[Hank_ 9,174]

Okay so for future readers of this thread. Guam is the way to do it. Close to Phil and residency requirement is basically null....do some reading on it. Guam is considered US soil.

Nevada is very short residency requirement at only 6 weeks.

Yup Guam is a U.S. territory.. I have a bunch of family there.. all are U.S. citizens.

[SpigglySpoo 0]

I was in a similar situation and was able to successfully remarry after a few steps. I am a USC and the (ex)wife is an RP citizen. We had a civil court ceremony in the Philippines and eventually went to the US. After deciding to split up she obtained a legal divorce in Nevada (Clark County). Whether she was a resident there or not, I don't know for sure, but the divorce decree is legal.

A few years later, I met who will become my current wife in the Philippines. During the marriage license application, I was required to submit a CENOMAR along with all the other requirements as a foreigner. What I received from the NSO was an Advisement of Marriage (CEMAR) that showed my previous marriage to the RP citizen exwife. This required me to get an endorsement from the NSO in order to get approved for the marriage license. With a copy of that CENOMAR and my US divorce decree, I went to the local NSO office (Cebu City) where they endorsed the marriage license application after determining the divorce decree was valid. I did not have to pay any fee nor were there any other shenanigans involved. Two things resulted from this visit. First, the marriage license application was endorsed and I was able to remarry in Cebu City. Second, the NSO took a copy of the divorce decree along with my personal information and submitted it into the NSO database for updating. I questioned the requirement that the divorce needed to be obtained by the USC and not the RP citizen; I was advised at that time it was not important for me, but the RP citizen exwife will run into problems if she tried to remarry in the Philippines. Since the roles are reversed in the OP's case, they meet that requirement if the USC obtains the divorce.

Fast forward a few months after my current marriage happened, we request a new CENOMAR for me to see if my information was updated. The Advisement of Marriage (CEMAR) I received indicated my current marriage and did not have my previous one listed anymore.

If the OP plans to marry in the Philippines, I see them having the same experience as I did, as I have seen with two other couples as well (am I in the failed marriage club or something?). The annulment seems to only be an absolute requirement when you want to have a church wedding. My second marriage was a civil ceremony on a beach. I am not sure how this would work for a fiance visa application. If anyone has a different take on this please add to the discussion. Sorry about my dry writing, my military technical writing skills seem to sneak their way into everything I type...

[Greenbaum 12,259]

There are four steps to complete the legal process before another marriage can take place. (1) Decision of the divorce (works also for an annulment), (2) entry of judgment, (3) than the decree of divorce (annulment). (4) Secure a copy of the marriage contract with the divorce (annulment) annotated on it. A total of four documents and four steps.

Here is the process in more detail. Start the process by visiting her hometown LCR (Local Civil Registrar). Be aware you’ll need to wait 20 days from receipt of the Solicitor General of copy of the decision before you can secure the Entry of Judgment. After securing the Entry of Judgment, you will have to register the same to the Local Civil Registrar where the marriage took place or Filipino’s hometown whichever is the case. The said office will transmit the same to the NSO. You will show the Court what date the LCR transmitted the documents to the NSO. With the proof of receipt of the NSO, the Court will then issue the Decree of Divorce (Annulment). After 15 days from receipt of the NSO of your documents, you can now request a copy of the marriage contract with the annotated divorce (annulment) proceedings. You need to request for at least 4 certified copies for future use.