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Marriage in Phlippines but divorced in US

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1 Marriage in Phlippines but divorced in US on Mon Jul 09, 2012 12:59 am

gman


Arresto Menor
If a person got married in the Phlippines but then got divroced in the US, can one of them remarry in the Philippines?

The husband was already a naturalized American citizen when they got married, then petitoned the spouse. After several years, the spouse got her US citizenship and also got her dual citizenship. They got divorced. Can the spouse, now divorced in the US, remarry in the Phlippines? The person she's remarrying is also a naturalized US citizen.

Will Philippine law allow them to just show her Divorced decree? She was already a US citizen whenshe filed for divorce but has not yet applied for her Dual Citizenship.

Thanks.

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2 Re: Marriage in Phlippines but divorced in US on Mon Jul 09, 2012 12:56 pm

lawyeranger


Prision Correccional
they wanted to get married in the Phil despite having acquired US citizenship? that's really something...

Philippine laws apply only to its citizen, not for foreigners, if they intend to marry here, i submit that they should first file for the enforcement and recognition of the foreign divorce decree so that their marital record in the Philippines will be cancelled at once...

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3 Re: Marriage in Phlippines but divorced in US on Tue Jul 10, 2012 5:42 am

attyLLL


moderator
if the divorce petition was filed at a time the petitioner was already a naturalized citizen then the divorce decree is valid.

this is a bit of a gray area, but i am aware that some local civil registrars have issued marriage licenses upon presentation of the divorce decree and the certification of eligibility to marry.

however, the US embassy no longer issues such certification and leaves their citizens to just issue affidavits that they are eligible.


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4 Re: Marriage in Phlippines but divorced in US on Wed Jul 11, 2012 3:22 pm

gman


Arresto Menor
@Lawyeranger - the husband was the only US citizen at the time they got married, then he petitioned her when he came back to the US.


Thanks for the replies.

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5 Re: Marriage in Phlippines but divorced in US on Wed Jul 11, 2012 3:47 pm

attyjoyce


Reclusion Perpetua
gman wrote:If a person got married in the Phlippines but then got divroced in the US, can one of them remarry in the Philippines?

The husband was already a naturalized American citizen when they got married, then petitoned the spouse. After several years, the spouse got her US citizenship and also got her dual citizenship. They got divorced. Can the spouse, now divorced in the US, remarry in the Phlippines? The person she's remarrying is also a naturalized US citizen.

Will Philippine law allow them to just show her Divorced decree? She was already a US citizen whenshe filed for divorce but has not yet applied for her Dual Citizenship.

Thanks.


Hi gman.

In my opinion, their marriage falls under the classification "mixed marriage".

If the spouse who wants to remarry in the Philippines is a dual citizen, then he/she is still governed by Philippine laws. Under Philippine laws, a divorce decree obtained abroad should be judicially recognized here in the Philippines for purposes of remarriage of the Filipino spouse.

For more free legal information about Recognition of Foreign Divorce, please visit www.domingo-law.com

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