How to get a foreign divorce recognized in the Philippines

[LKMK 85]

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.

[Greenbaum 12,259]

This is a simple process and doesn't take a lawyer.  Have a family member take your divorce decree to DFA, authenticate it there and take it to NSO after. NSO will then give you your marriage certificate with a stamp stating your marriage is now null and divorced.  The documents may need to be left with the governmental agency and retrieved when finished as I doubt they will complete this while whomever waits. 

[LKMK 85]

1 hour ago, Greenbaum said:

This is a simple process and doesn't take a lawyer.  Have a family member take your divorce decree to DFA, authenticate it there and take it to NSO after. NSO will then give you your marriage certificate with a stamp stating your marriage is now null and divorced.  The documents may need to be left with the governmental agency and retrieved when finished as I doubt they will complete this while whomever waits. 

Thank you so much Greenbaum!  That's great news!