How to get a foreign divorce recognized in the Philippines

[Hank_ 9,174]

On 4/13/2017 at 5:56 PM, LKMK said:

Here is the back-story.  I brought my wife here on a K-1 visa from the Philippines last November and we were married in December.  Previous to our marriage she married a Filipino in 2003.   5 months later immigrated to the US, left her in the Philippines, and not ever contacted her again.  Fast forward to present day.  When we started the K-1 process she obtained a copy of her CENOMAR, which of course came back stating that she was married.  Although there is no divorce in the Philippines, Philippine law does make an exception where as if a Foreigner divorces the Filipina then her status can be returned to single and she can remarry.  So I contacted the previous husband and helped her to obtain a divorce from him in the state of New York where he had to file for divorce as he lives there now.  Everything went well and I got the divorce decree from NY and completed the K-1 process.

 

No that she is here, we want to clear her CEMAR.  We were advised to file for a recognition of foreign divorce in the Philippine Court system.  This in itself is being a giant pain in the rear end.  We have been through 2 different regional courts.  The first saying they did not have jurisdiction and the other wants a copy of the actual divorce law in New York.  We have been working on this for nearly a year now with very little progress in the Philippine system.  I finally figured out how to get an Attestation of the Domestic Law of New York to send to the Philippine court and will cost $150 on top of the $1500 Filipino Attorney fee to file the paperwork with the court.  So far we have paid the attorney $750 and have been working on this since July 2016.

 

However, before I send them the Attestation of the Law of Divorce in New York, has anyone been through this process or can you recommend an easier way to clear her CEMAR in the Philippines?  Can you go through the Philippine Embassy or NSO?  We both realize that this is not necessary, but we want her to be completely "free" of her past so we can file a report of marriage with the Philippine Embassy so I can be eligible for a Balikbayan visa.

 

Any advice or experience in this would be extremely helpful.

Nope, there is not an easier way.  The petition for recognition of divorce must go through the RTC.  You have an attorney there, and the process started .. that is the route you have to take.   Recognition of divorce can take as long an processing an annulment ..     Welcome to the Philippines.

 

YOU can get the BB stamp (it is not a visa it is a "privilege") in your passport without going through that madness.  Simply make sure to carry a copy of your marriage certificate, plus you both clear through immigration at the NAIA (or whatever airport) in the same line, your wife need only request the BB stamp in your passport, if the agent questions if you two are married show the copy of the marriage certificate.   

[Chuck and Blaire 10]

On 3/16/2018 at 6:38 PM, Hank_ said:

Nope, there is not an easier way.  The petition for recognition of divorce must go through the RTC.  You have an attorney there, and the process started .. that is the route you have to take.   Recognition of divorce can take as long an processing an annulment ..     Welcome to the Philippines.

 

YOU can get the BB stamp (it is not a visa it is a "privilege") in your passport without going through that madness.  Simply make sure to carry a copy of your marriage certificate, plus you both clear through immigration at the NAIA (or whatever airport) in the same line, your wife need only request the BB stamp in your passport, if the agent questions if you two are married show the copy of the marriage certificate.   

I agree with Hank.  Or if you are not in a hurry, you can just wait for the legislation of the divorce bill. The lower house of the Congress has passed the third reading of the Divorce bill. Then wait also for the Senate to pass the bill. You'll never know, it might happen next year. That will save you money and horrible experiences of annulment. Wrong choice of lawyer will drag your case to years. We've been there, it won't be easy esp now that Philippine judges are careful because of Duterte's program to eliminate corruptions.

[IsabellaMn 0]

Update on the recognition of foreign divorce please? Im on the same scenario

[IsabellaMn 0]

On 4/14/2017 at 5:56 AM, LKMK said:

Here is the back-story.  I brought my wife here on a K-1 visa from the Philippines last November and we were married in December.  Previous to our marriage she married a Filipino in 2003.   5 months later immigrated to the US, left her in the Philippines, and not ever contacted her again.  Fast forward to present day.  When we started the K-1 process she obtained a copy of her CENOMAR, which of course came back stating that she was married.  Although there is no divorce in the Philippines, Philippine law does make an exception where as if a Foreigner divorces the Filipina then her status can be returned to single and she can remarry.  So I contacted the previous husband and helped her to obtain a divorce from him in the state of New York where he had to file for divorce as he lives there now.  Everything went well and I got the divorce decree from NY and completed the K-1 process.

 

No that she is here, we want to clear her CEMAR.  We were advised to file for a recognition of foreign divorce in the Philippine Court system.  This in itself is being a giant pain in the rear end.  We have been through 2 different regional courts.  The first saying they did not have jurisdiction and the other wants a copy of the actual divorce law in New York.  We have been working on this for nearly a year now with very little progress in the Philippine system.  I finally figured out how to get an Attestation of the Domestic Law of New York to send to the Philippine court and will cost $150 on top of the $1500 Filipino Attorney fee to file the paperwork with the court.  So far we have paid the attorney $750 and have been working on this since July 2016.

 

However, before I send them the Attestation of the Law of Divorce in New York, has anyone been through this process or can you recommend an easier way to clear her CEMAR in the Philippines?  Can you go through the Philippine Embassy or NSO?  We both realize that this is not necessary, but we want her to be completely "free" of her past so we can file a report of marriage with the Philippine Embassy so I can be eligible for a Balikbayan visa.

 

Any advice or experience in this would be extremely helpful.

Hi. I was well informed when i read this.. i also needed advise. So i was married in the PH, and i brought my ex here..we are both u.s citizen. Someone also advise me to file a divorce even tho we got married in PH. And file for recognition of foreign dvcre in the PH. I believe this take a year or so.. any update please?

[Greenbaum 12,260]

39 minutes ago, Augmanalac2018 said:

Hi. I was well informed when i read this.. i also needed advise. So i was married in the PH, and i brought my ex here..we are both u.s citizen. Someone also advise me to file a divorce even tho we got married in PH. And file for recognition of foreign dvcre in the PH. I believe this take a year or so.. any update please?

I'll give you an update on the process if that is your question. There isn't any update on divorce in the PH. The bill is with the Senate and it's doubtful that it will be brought to the floor for discussion. If it is and passes then Duterte needs to sign it into law, but he has already stated that he probably won't.

 

Here is the latest that I have read: https://www.nytimes.com/2018/03/24/world/asia/philippines-divorce-legalization-rodrigo-duterte.html

[IsabellaMn 0]

6 hours ago, Greenbaum said:

I'll give you an update on the process if that is your question. There isn't any update on divorce in the PH. The bill is with the Senate and it's doubtful that it will be brought to the floor for discussion. If it is and passes then Duterte needs to sign it into law, but he has already stated that he probably won't.

 

Here is the latest that I have read: https://www.nytimes.com/2018/03/24/world/asia/philippines-divorce-legalization-rodrigo-duterte.html

Hello thanks for response. But what i meant is about the recognition of foreign divorce.  Any info?

[payxibka 10,048]

7 hours ago, Augmanalac2018 said:

Hi. I was well informed when i read this.. i also needed advise. So i was married in the PH, and i brought my ex here..we are both u.s citizen. Someone also advise me to file a divorce even tho we got married in PH. And file for recognition of foreign dvcre in the PH. I believe this take a year or so.. any update please?

Why do you wish to have it recognized in PH?  Is there some intrinsic reason?

[Greenbaum 12,260]

9 minutes ago, Augmanalac2018 said:

Hello thanks for response. But what i meant is about the recognition of foreign divorce.  Any info?

There is no update. If your husband divorces you in a different country, then the PI will recognize the divorce. A divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC). That's where you start.

[Greenbaum 12,260]

8 hours ago, Augmanalac2018 said:

Hi. I was well informed when i read this.. i also needed advise. So i was married in the PH, and i brought my ex here..we are both u.s citizen. Someone also advise me to file a divorce even tho we got married in PH. And file for recognition of foreign dvcre in the PH. I believe this take a year or so.. any update please?

Once we have an idea as to why your interest in this topic maybe we can further help you but as of now you are being very vague.  

[IsabellaMn 0]

On 3/26/2018 at 11:09 AM, Greenbaum said:

Once we have an idea as to why your interest in this topic maybe we can further help you but as of now you are being very vague.  

Okay. I apologise. Does my ex have the right to bug me and my new partner in the PI if we are already divorce?

[Greenbaum 12,260]

Just now, Augmanalac2018 said:

Okay. I apologise. Does my ex have the right to bug me and my new partner in the PI if we are already divorce?

The simple answer is no. But it's best to contact the police and see what your options are. I don't believe you have any kind of case if there isn't any physical abuse taking place. Try and put as much distance between you and he. That can be physical distance or changing your cell number or moving etc. until you get through with your visa journey. 

[IsabellaMn 0]

15 minutes ago, Greenbaum said:

The simple answer is no. But it's best to contact the police and see what your options are. I don't believe you have any kind of case if there isn't any physical abuse taking place. Try and put as much distance between you and he. That can be physical distance or changing your cell number or moving etc. until you get through with your visa journey. 

Im already here in the states. Im u.s citizen i brought him here until he gets his greencard until he leaved me and he is with his british gf living in same state..im not sure about other info about his new gf.

Since we got married in PI, he said he have the right to do everything in PI, im not familiar about PI law, i dont have relatives there either.  He even threatened my bf in PI. 

[Greenbaum 12,260]

1 minute ago, Augmanalac2018 said:

Im already here in the states. Im u.s citizen i brought him here until he gets his greencard until he leaved me and he is with his british gf living in same state..im not sure about other info about his new gf.

Since we got married in PI, he said he have the right to do everything in PI, im not familiar about PI law, i dont have relatives there either.  He even threatened my bf in PI. 

You can get a lawyer who will help you to get a restraining order. A restraining order can be written that he can't contact you or be within "X" about of feet or yards or miles. A lawyer is best for you to discuss your situation and determine what is best. I hope you can get some piece of mind soon.

[IsabellaMn 0]

18 minutes ago, Greenbaum said:

You can get a lawyer who will help you to get a restraining order. A restraining order can be written that he can't contact you or be within "X" about of feet or yards or miles. A lawyer is best for you to discuss your situation and determine what is best. I hope you can get some piece of mind soon.

Okay i really appreciate your response

[IsabellaMn 0]

On 4/15/2017 at 5:03 AM, LKMK said:

So I just found this on the PSA website:

 

Annotation on the effects of divorce declared in a foreign country:

 

A request for copy issuance of COM with annotation on the effects of divorce abroad resulted to a negative result or COM without annotation.

 

How to correct:

 

1. The divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC).

2. Once the local court recognized the foreign divorce decree, register it to the LCRO of the place of jurisdiction of the RTC which granted the petition.

3. The next step is to provide the copy of the registered court decree and certificate of finality to the LCRO where the marriage was registered for the annotation in the COM.

4. Once registered, you may now request for an annotated COM at NSO.  The complete set of documents: registered court decree, certificate of finality, certificate of registration and the annotated COM is to be forwarded through courier to NSO for processing. Also hand-carry the set of documents for filing an application at NSO-Central Outlet, East Avenue.

 

I think I'm just going to proceed with filing it in the Philippine RTC and do it the correct way.  Not sure what the difference is, but, I don't want any trouble in the future if we decide to buy land, etc.  I will let you know what happens for sure.  I'm guessing it will be several months before I can get an answer.  For now, I'm going to get the Attestation of the Law of Divorce in New York and send it to our attorney in the Philippines.  He already has a certified copy of my wife's divorce decree.  And we will see what happens.

 

I wonder if there is any difference between filing it through the RTC or just going to the DFA for authentication and then take everything over to PSA.  I guess we will see, but I'll keep you informed.

Further update please? Upon completion please recommend your lawyer. Thanksssss