Best divorce strategy for my currently married/separated Filipina girlfriend

[Ate 180]

2 minutes ago, payxibka said:

Everything I read is that a  petition of determination or demand for child support must be made first.

 

It's true that the mother must make the demand first before she can get government assistance to compel the father to pay up.  But there is no question that fathers have the legal obligation to support their children.  Sadly, too few women know or care to pursue the legal recourse that's available to them.  Sigh again.

 

[aaron2020 11,651]

3 hours ago, Ugly_American said:

Thanks for all the comments. I think this will have to be a multi-pronged attack. I feel like MacArthur planning an attack. Pursuing multiple strategies simultaneously is probably the way to go. And to be clear I don’t intend to shirk any laws although I am interested in any legal shortcuts. Spending $10k on an annulment is probably one prong of this attack. Obtaining a signed agreement from the husband whereby he agrees to the divorce and loss of custody while gaining an agreement not to be held financially responsible for past or future child support is another prong. Such a document may be acceptable to the Philippines in combination with a legal divorce in Guam or elsewhere. 

 

So yes, I don’t want to spend $10-20k on all these tangential strategies, but there’s no guarantee any of this will even work. It’s honestly sad thinking about all the obstacles which doubtless ruin many relationship hopes. 

 

As for the B-1 visa... I once had a Thai girlfriend who, on her own successfully obtained a B-1 visa, spent two months with me in the US then returned. If that is a worthy precedent, then perhaps the US would factor in my past responsibility and obtaining a similar visa will be possible. The B-1 isn’t necessarily part of any long term plan, but establishing a good standing with regards to visas can’t hurt. 

 

The husband can't be located.  You think he might try to block the divorce if he knows about it.  Now, you think that you can find him and have hjim agree to the divorce and loss of custody.  What does he get?  Good luck with that and a US visitor visa.  

[aaron2020 11,651]

3 hours ago, Hank_ said:

The Tourist visa is based solely on the applicant convincing the CO at the interview that there is no "danger" of overstaying .. etc.   And this is done by showing strong ties to their home country; job, real property, and such.

 

As many know, in the Philippines it is all an uphill battle with the tourist visa.

Getting a US tourist visa to come to the Guam or any other US territory to meet a US boyfriend and get a divorce to be single and eligible to marry.  Unfortunately, that's not tourism and not the purpose of the tourist visa.

OP is Don Quixote.  

[Boiler 43,401]

Sounds like the OP is in it for the long haul and will not be cheap.

[John & Rose 7,237]

Can divorce even happen if both parties are Filipino citizens and they were married in the Philippines?  That sound like only annulment will meet the requirement of dissolution of marriage.

[aaron2020 11,651]

Can't believe there is five pages of this.

 

Good luck getting a foreign court to have an ex parte divorce.  Divorce in a foreign country is not going to work.  No foreign court is going to be able to settle a divorce when one party is not present, the party in front of the court is not a resident, marital assets are all in the PI, the child is in the PI, everyone lives in the PI, and everyone's a citizen of the PI.

 

Good luck getting a Filipina a US visitor visa to come to meet a US boyfriend and get a divorce so she can be single and free to marry.  CO is not going to grant a visitor visa for that.

 

Annulment in the PI is the ONLY WAY to settle this.   The sooner you get started on this, the sooner she will be able to marry.

 

 

 

 

Edited March 25, 2019 by aaron2020

[Boiler 43,401]

7 minutes ago, aaron2020 said:

Can't believe there is five pages of this.

 

Good luck getting a foreign court to have an ex parte divorce.  Divorce in a foreign country is not going to work.  No foreign court is going to be able to settle a divorce when one party is not present, the party in front of the court is not a resident, marital assets are all in the PI, the child is in the PI, everyone lives in the PI, and everyone's a citizen of the PI.

 

Good luck getting a Filipina a US visitor visa to come to meet a US boyfriend and get a divorce so she can be single and free to marry.  CO is not going to grant a visitor visa for that.

 

Annulment in the PI is the ONLY WAY to settle this.   The sooner you get started on this, the sooner she will be able to marry.

 

VJ is an Immigration site, bit a Divorce site. Or a Annulment site.

 

To do anything both parties need to be free to marry and that seems x years away.

[Carpe Vinum 2,308]

5 hours ago, Boiler said:

Cheapest and quickest option would seem to find a fiance without these issues.

I was thinking the same thing. If the OP has been though the process in the Philippines before he should be aware of these issues...I just never considered divorced women from the Philippines because the process is a nightmare.. good luck to the OP...

[Boiler 43,401]

8 minutes ago, boris64 said:

I was thinking the same thing. If the OP has been though the process in the Philippines before he should be aware of these issues...I just never considered divorced women from the Philippines because the process is a nightmare.. good luck to the OP...

Well that seems very logical, after all it is a known issue.

[Hank_ 9,171]

1 hour ago, John & Rose said:

Can divorce even happen if both parties are Filipino citizens and they were married in the Philippines?  That sound like only annulment will meet the requirement of dissolution of marriage.

Yup.   And there was a topic on this within the past month (or two .. ).    Both Filipino, married in the Philippines, divorced in the USA ..   They are free to marry everywhere EXCEPT the Philippines. )

Edited March 25, 2019 by Hank_

[Ugly_American 11]

3 hours ago, aaron2020 said:

Annulment in the PI is the ONLY WAY to settle this.   The sooner you get started on this, the sooner she will be able to marry.

 

 

 

 

I’m tending to agree here. And yes I’ve been through the entire K-1 process and of course knew “there’s no such thing as divorce in the Philippines.”

 

Still I’m interested in exploring all the options and this post has probably run its course in trying to think outside the box. I’ve no doubt that in some situations Guam is a viable solution. In my case perhaps not. 

 

There apears no magic pixie dust one can sprinkle to bring reason and order to the chaos caused by the existing laws. 

 

Existing laws aren’t bad for young, single pinays seeking relationships with foreigners. In fact they narrow the field and remove competition from older more mature pinays who are married or have kids. 

 

The real tragedy is the high rate of fatherless homes and kids growing up with no support from dad. The negative aspects of this can’t be underestimated. 

 

My own own personal situation is only important to two people and I see that. I just wish leaders of the Philippines would reconsider the real effects of these laws, which produce opposite of the intended effect. Instead of promoting a society where men remain faithful, they’ve produced a polygamous society the likes of which even traditional Mormon men would envy. At least Mormon men would be ostracized for not taking care of their multiple wives and children. 

Edited March 25, 2019 by Ugly_American
typo

[Boiler 43,401]

My impression and I could be wrong, is that most Pinays with children I see being sponsored have never been married.

 

Seems to be asked all the time if there is an issue with getting the fathers OK.

[Hank_ 9,171]

never married the father .. mother has sole custody.

 

Married & annulled  .. different story, with a depends attached.

[SalishSea 16,748]

5 hours ago, Boiler said:

Sounds like the OP is in it for the long haul and will not be cheap.

Or fast.

[Ugly_American 11]

1 hour ago, Hank_ said:

never married the father .. mother has sole custody.

 

Married & annulled  .. different story, with a depends attached.

Granted. Does anyone not interpret these laws as a major cluster-f?  My ex has six siblings living in PI.  Most have kids and none are married. Good going, Catholic Church. Well done. Perhaps the laws will change soon because this generation isn’t stupid and they ain’t entering into no holy unions. Why would they???