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Old 08-20-2013, 07:19 PM   #1
platypuz
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Default Married in Philippines needs divorce in USA?

my husband and i got married in philippines. i separated from him 8 months ago. i'm a greencard holder while he's an american citizen (he filed the naturalization right after our marriage). given the fact that annulment in philippines will take time and money, but for the time being do we need to file a divorce here? if so, do i have to file or he has to file? thanks!
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Old 08-20-2013, 07:51 PM   #2
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Default re: Married in Philippines needs divorce in USA?

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my husband and i got married in philippines. i separated from him 8 months ago. i'm a greencard holder while he's an american citizen (he filed the naturalization right after our marriage). given the fact that annulment in philippines will take time and money, but for the time being do we need to file a divorce here? if so, do i have to file or he has to file? thanks!
If you are a Philippine national any divorce you file for in another country would not be given recognition by the Philippines. However, if the non citizen, in this case your American husband filed, then it would be recognized as valid in the Philippines.

At least one of you would have to meet your state's residency requirement in order to file.
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Old 08-20-2013, 09:45 PM   #3
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Default Re: Married in Philippines needs divorce in USA?

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If you are a Philippine national any divorce you file for in another country would not be given recognition by the Philippines. However, if the non citizen, in this case your American husband filed, then it would be recognized as valid in the Philippines.

At least one of you would have to meet your state's residency requirement in order to file.
thanks for your reply.

does it mean that if i file for divorce, i can be free from him but only here in the US and not in the Philippines?
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Old 09-23-2013, 02:57 PM   #4
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Lightbulb Re: Married in Philippines needs divorce in USA?

Yes, it is very much possible. As you are currently living in USA you can file for divorce in USA as long as you meet your state's residency requirements.

You can be divorced with your husband in USA but not in Philippines.
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Old 08-28-2014, 04:26 AM   #5
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Default Re: Married in Philippines needs divorce in USA?

Hi platypuz!

Yes you will be free in US but once you will be in the Philippines, you will be bounded by the Philippine law. You will stiil be married in the Philippine law unless you will seek annulment.
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Old 08-28-2014, 06:17 AM   #6
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Default Re: Married in Philippines needs divorce in USA?

but what if the foreigner and a filipina got married outside the philippines? they divorced in the US and the foreigner wants to marry another filipina in the philippines?nis the previous marriage valid in the philippines even it hasnt happen there?
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Old 08-28-2014, 06:18 AM   #7
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Hi platypuz!

Yes you will be free in US but once you will be in the Philippines, you will be bounded by the Philippine law. You will stiil be married in the Philippine law unless you will seek annulment.
but what if the foreigner and a filipina got married outside the philippines? they divorced in the US and the foreigner wants to marry another filipina in the philippines?nis the previous marriage valid in the philippines even it hasnt happen there?
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Old 08-28-2014, 09:19 AM   #8
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Default Re: Married in Philippines needs divorce in USA?

No, the previous marriage is not recognized by the Philippines in terms of the foreigner. The filipina would need to determine whether it still applied to them.

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but what if the foreigner and a filipina got married outside the philippines? they divorced in the US and the foreigner wants to marry another filipina in the philippines?nis the previous marriage valid in the philippines even it hasnt happen there?
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Old 08-28-2014, 10:23 AM   #9
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No, the previous marriage is not recognized by the Philippines in terms of the foreigner. The filipina would need to determine whether it still applied to them.
so meaning the foreigner dont have to apply for a petition in the court.
coz if a filipino citizen who got a divorce will decide to marry again in the philippines, he or she needs to apply for petition coz the philippine law doesnt have a divorce.
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Old 08-28-2014, 06:22 PM   #10
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Default Re: Married in Philippines needs divorce in USA?

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thanks for your reply.

does it mean that if i file for divorce, i can be free from him but only here in the US and not in the Philippines?
Yes, that's what Philippine law states, is well settled on that point. If he files, since he is an American, the divorce would be recognized in the Philippines. If you, a Philippine national file, then the divorce would not be recognized as valid in the Philippines.
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