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How will I know if my husband already filed for a petition of annulment against me?

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f_marychris


Arresto Menor
Good day atty.
I am married to an American who's working in one of the Muslim countries right now. He's been there for almost 3 months and has a year contract. We had problems during our marriage. I had known from a friend that he is going to file for an annulment.
I have read that it is possible for a petitioner to file for an annulment in the province or city where the petitioner has been residing for at least six months prior to the date of filing. So, this would mean that he can file the petition for annulment in the place where he is working right now after 3-4months, right? In that case, how will I know if he already filed for the petition (assuming he will put a wrong address for the service summon or if he will find a way so that i will not be informed)? Where should i inquire? He's not talking to me for months already so there's a possibility that he will file for the annulment w/o my knowledge. Could i still file for another case or contest later on even if there's a decision made by the court(assuming that i wasn't notified about the petition)? What's the grace period for me to file for the case (is that what you called reinstatement of the case?)?
I am living in the Philippines .

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attyLLL


moderator
the law you are quoting is from philippine law.

if i were his lawyer, i would file for divorce under US law. in practically all states, he is required to show that a copy of the petition was served on you.


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3 re: on Wed Aug 22, 2012 4:27 am

f_marychris


Arresto Menor
attyLLL wrote:the law you are quoting is from philippine law.

if i were his lawyer, i would file for divorce under US law. in practically all states, he is required to show that a copy of the petition was served on you.

thank you for the reply atty.

if that would be the case, there's no possibility that he could file for a divorce w/o knowledge?

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attyLLL


moderator
not properly at least. what we do is to send a letter to the spouse to establish the address. that way they can't make it up.


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f_marychris


Arresto Menor
attyLLL wrote:the law you are quoting is from philippine law.

if i were his lawyer, i would file for divorce under US law. in practically all states, he is required to show that a copy of the petition was served on you.

by the way atty, we were married in the philippines. would that still be binding if he would file divorce under US law since the marriage took place in the phils? if yes, isnt there a need for him to file a petition here in the phils?

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attyLLL


moderator
it will be valid as to him. if one of you wants it to be recognized here in PH, then a separate petition has to be filed here


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