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Divorce and Petition

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1 Divorce and Petition on Mon Jun 18, 2012 11:45 am

A.Leigh.A


Arresto Menor
I have a question if I get a divorce here in Hawaii but got married in the Philippines can i petition my new Fiance here or do I still have to file annulment in the Philippines?

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2 Re: Divorce and Petition on Mon Jun 18, 2012 8:10 pm

attyjoyce


Reclusion Perpetua
it depends really on your citizenship at the time you obtained (or will obtain) the divorce. If you are US citizen already, then you can simply have the divorce recognized here. If you are still a Filipino, then you will have to file an annulment in the Philippines because divorce by a Filipino is not recognized here.

you can read through the articles at domingo-law.com for more free info on divorce and annulment

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3 reply to my post on Tue Jun 19, 2012 1:03 pm

A.Leigh.A


Arresto Menor
I was born here in Hawaii but I want to get a divorce here and petition my Fiance here but my recent husband is from the Philippines and is also now here.Can i still petition him if me and my recent husband got married in the Philippines?

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4 main question on Tue Jun 19, 2012 1:15 pm

A.Leigh.A


Arresto Menor
The one thing I want to know is when we get a divorce here in Hawaii can i then petition my Fiance? or will i still need to have a annulment in the Philippines also?

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5 Re: Divorce and Petition on Tue Jun 19, 2012 5:01 pm

attyjoyce


Reclusion Perpetua
if you are a US citizen then you can simply proceed with the divorce there and then petition your fiance.

your FIlipino husband will have to file for Recognition of Divorce (no Annulment) in the Philippines if he wants to remarry

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6 Re: Divorce and Petition on Thu Jun 21, 2012 8:02 pm

attyLLL


moderator
aleigh, your question about your fiance is answerable with US immigration law, not ph law


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7 Re: Divorce and Petition on Mon Jun 25, 2012 12:45 am

A.Leigh.A


Arresto Menor
atty LLL: i just wanted to find out the answer to my question here because I don't know anyone else to ask my friend just told me about this site that I could ask my question to.But thank u for also telling me.

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8 Re: Divorce and Petition on Sat Jun 30, 2012 11:15 pm

mdventura


Reclusion Temporal
What about if a Filipino becomes a naturalized citizen of another country and wants to remarry here in the Philippines?
Since he or she is no longer a Filipino, the Family Code no longer applies to him or her.
What should he or she do considering that the marriage certificate of his previous marriage is still on file with the NSO?
Once the former Filipino citizen is issued a Certificate of Legal Capacity to contract marriage by his embassy or consulate under Article 21 of the FC, then he or she can remarry in the Philippines without fear of possible legal consequences.

A.Leigh.A wrote:I was born here in Hawaii but I want to get a divorce here and petition my Fiance here but my recent husband is from the Philippines and is also now here.Can i still petition him if me and my recent husband got married in the Philippines?

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9 Re: Divorce and Petition on Sun Jul 01, 2012 8:31 am

attyLLL


moderator
md, here is a case where this matter was discussed: http://www.google.com.ph/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CFAQFjAA&url=http%3A%2F%2Fsc.judiciary.gov.ph%2Fjurisprudence%2F2010%2Faugust2010%2F186571.htm&ei=aovvT9joJ8TmmAX4m_3ADQ&usg=AFQjCNERezq68TB6lp6ZUZx1f_FE36mltQ

however, the court did not answer whether it was necessary that the divorce be annotated on the marriage certificate before he could get married again in the philippines.

imo, it should not be necessary, but i advise my foreign clients that if there is a risk that someone will be interested in filing a bigamy charge, they should undergo the process to annotate the divorce on the marriage contract.


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10 Re: Divorce and Petition on Sun Jul 01, 2012 3:50 pm

mdventura


Reclusion Temporal
Interesting...

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11 Re: Divorce and Petition Today at 8:53 am

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