USC divorced Pinay, how can the Pinay get re-married in the PH?

[POA 175]

Hello guys!

It's been a while since I posted. I hope I posting in the correct forum. Anyway, a little background,

PInay and USC married in the PH years ago, the USC stayed in the PH for a few months. He went back to the US and didn't file any petition (as much as I know). He divorced the Pinay then got remarried with another USC. The pinay wanted to get re-married in the PH with a pinoy ( no US immigration intention). However, she said that she can't because her marriage with the USC is still valid since it was not annulled in the PH. She and her pinoy partner married in the Church but of course no legal paperwork involved.

I read something in the forum that if the USC filed for divorce, it will be recognized in the PH. The pinay never went to the US and stayed in the PH.

The question are:

1. What are the process to be taken by the pinay to get some proof that the marriage is no longer valid. (She wanted to get her marriage with her current partner to be recognized in the PH).

2. Or, is her filling an annulment the only way to get her church wedding legalized?

Thanks in advance!

[Lirfita 5]

Hello guys!

It's been a while since I posted. I hope I posting in the correct forum. Anyway, a little background,

PInay and USC married in the PH years ago, the USC stayed in the PH for a few months. He went back to the US and didn't file any petition (as much as I know). He divorced the Pinay then got remarried with another USC. The pinay wanted to get re-married in the PH with a pinoy ( no US immigration intention). However, she said that she can't because her marriage with the USC is still valid since it was not annulled in the PH. She and her pinoy partner married in the Church but of course no legal paperwork involved.

I read something in the forum that if the USC filed for divorce, it will be recognized in the PH. The pinay never went to the US and stayed in the PH.

The question are:

1. What are the process to be taken by the pinay to get some proof that the marriage is no longer valid. (She wanted to get her marriage with her current partner to be recognized in the PH).

2. Or, is her filling an annulment the only way to get her church wedding legalized?

Thanks in advance!

[Lirfita 5]

Yes, you need to file for annulment in the philippines since they get married there.

[Darnell 8,478]

option 2.

[POA 175]

option 2.

Yes, you need to file for annulment in the philippines since they get married there.

Thanks Lirfita and Darnell. So the marriage being recognized as dissolved after USC divorced the Pinay only applicable to those who were married here?

[Darnell 8,478]

no, that's not the point.

the point is that for a foreign divorce, where the foreign spouse is the petitioner (not the pinay)

the only way to register and get the annulment

is to file for it, showing the usa divorce decree where the pinay is clearly listed as the respondent.

if the pinay is the divorce petitioner, well, sorry, annulment won't be granted.

it's a sticking point, who divorced who...

location of marriage not matter.

[POA 175]

no, that's not the point.

the point is that for a foreign divorce, where the foreign spouse is the petitioner (not the pinay)

the only way to register and get the annulment

is to file for it, showing the usa divorce decree where the pinay is clearly listed as the respondent.

if the pinay is the divorce petitioner, well, sorry, annulment won't be granted.

it's a sticking point, who divorced who...

location of marriage not matter.

Thanks Darnell. There is no petitioner in this case. The USC is also the one who filed the divorced. So will that rule apply then?

[Darnell 8,478]

sorry, in usa, is always petitioner label and respondent label, in any divorce case. is not uscis labels here, is divorce court labels.

[_Paul&Jesica_ 70]

Since the USC initiated the divorce, the Pinay can file a case with the court to get the divorce recognized. It isn't necessarily a given that it will be approved however, and in the case it is denied, then she would need to go down the annulment path...

http://www.hg.org/article.asp?id=20090

[tolitzpogi 37]

Thanks Darnell. There is no petitioner in this case. The USC is also the one who filed the divorced. So will that rule apply then?

Petitioner = the one who initiated/filed for the divorce...

Edited July 14, 2015 by tolitzpogi

[j&ana 363]

I do not understand the statement( " She and her pinoy partner married in the Church but of course no legal paperwork involved".) In your post. There would of had to be some kind of paperwork regardless if it was a church or civil wedding to make the marriage legal. Marriage certificate would of had to be sent to the NSO.

If the USC citizen file the divorce in the USA then the Philippine government should recognize it. but as mention, you might have to file a case with the court there to get it recognize.

It would probably help a lot if you could get the divorce papers or record from the court where the divorce was filed. I am not sure but.that might show who the petition was that file the divorce

[Greenbaum 12,258]

Hello guys!

It's been a while since I posted. I hope I posting in the correct forum. Anyway, a little background,

PInay and USC married in the PH years ago, the USC stayed in the PH for a few months. He went back to the US and didn't file any petition (as much as I know). He divorced the Pinay then got remarried with another USC. The pinay wanted to get re-married in the PH with a pinoy ( no US immigration intention). However, she said that she can't because her marriage with the USC is still valid since it was not annulled in the PH. She and her pinoy partner married in the Church but of course no legal paperwork involved.

I read something in the forum that if the USC filed for divorce, it will be recognized in the PH. The pinay never went to the US and stayed in the PH.

The question are:

1. What are the process to be taken by the pinay to get some proof that the marriage is no longer valid. (She wanted to get her marriage with her current partner to be recognized in the PH).

2. Or, is her filling an annulment the only way to get her church wedding legalized?

Thanks in advance!

The first question that needs to be answered is it recorded anywhere in the Philippines? If the answer is no, then she will have a clean NSO and CENOMAR to use to get married again. If she recorded the marriage to the USC in the Philippines and the USC divorced her, then she needs to get a copy of the divorce documents (certified true) and follow the steps to have it officially recorded and dissolved through the Philippines court system.

I have posted in another thread the steps that need to be taken. (Some here call the process annulment but it is the recording of the divorce initiated by a USC) Do a search and you will find it. If you are unable to private an email to me and I will give you the step by step instructions. I have done this before so I am versed in the steps.

[Greenbaum 12,258]

The first question that needs to be answered is it recorded anywhere in the Philippines? If the answer is no, then she will have a clean NSO and CENOMAR to use to get married again. If she recorded the marriage to the USC in the Philippines and the USC divorced her, then she needs to get a copy of the divorce documents (certified true) and follow the steps to have it officially recorded and dissolved through the Philippines court system.

I have posted in another thread the steps that need to be taken. (Some here call the process annulment but it is the recording of the divorce initiated by a USC) Do a search and you will find it. If you are unable to, private an email to me and I will give you the step by step instructions. We have done this before so I am versed in the steps.

[apple21 953]

POA, you said that there's no legal paperwork involved in your friend's church wedding. It is not an official wedding so the only way for them to be legally husband and wife is to get married again with all the necessary paperwork properly filed (marriage license etc..).

Of course provided that NSO acknowledges the divorce decree first. So get that doc ASAP!!!

Edited July 14, 2015 by apple21

[POA 175]

sorry, in usa, is always petitioner label and respondent label, in any divorce case. is not uscis labels here, is divorce court labels.

Thanks Darnell! I wasn't aware. When I think of Petitioner i just think of the Immigration petitioner.