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legality of marriage

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1 legality of marriage on Sat Dec 01, 2012 8:06 pm

fvjson


Arresto Menor
good day,

I have question regarding our marriage ligality, below is the situation.

We get married last 2002 not knowing that my spouse is still married to a foreign national abroad. My spouse got the divorse last 2005 and now we are applying for family reunification. The question now is that our marriage is not legal therefore they can not grant us the family reunifacation.

Question:
1.Is our marriage last 2002 is not legal even though the marriage of my spouse is divorsed since 2005?
2.What is the easiest way if our marriage is not legal to make it legal.

thank you in advance.

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2 Re: legality of marriage on Sun Dec 02, 2012 8:56 pm

attyLLL


moderator
the proper step will be to file a petition for recognition of the divorce before the court


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3 Re: legality of marriage on Mon Dec 03, 2012 5:49 pm

fvjson


Arresto Menor
attyLLL wrote:the proper step will be to file a petition for recognition of the divorce before the court

thank you,

does this means that once the divorse was recognize by the court that is the only time that our marriage will be legal? how long the process will take?

thank you
json

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4 Re: legality of marriage on Tue Dec 04, 2012 9:50 pm

attyLLL


moderator
there are differing trains of thought on what to do with your first marriage. definitely it is void because there was a subsisting marriage, but the only persons who can question it is you and your wife and possibly your heirs when you die.

some opine you can get married again


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5 Re: legality of marriage on Mon Dec 10, 2012 9:46 pm

fvjson


Arresto Menor
thank you but can you give me an advise that it will not take long years of processing and not cost to much.

Get married again means annul the first marriage but annulment takes up to 3 years or more and cost to much.

thank you again
json

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6 Re: legality of marriage on Tue Dec 11, 2012 10:35 pm

attyLLL


moderator
the other spouse dying would solve the problem.

unfortunately, there is no other way except through the courts


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7 Re: legality of marriage on Tue Dec 11, 2012 11:07 pm

fvjson


Arresto Menor
thanks very much

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8 Re: legality of marriage on Mon Feb 04, 2013 9:58 pm

fvjson


Arresto Menor
just a follow up question on my case,
> what if we get married again, thus this will solve the previous bigamus marriage since we were denied because our marriage is bigamus.

thanks in advance

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9 Re: legality of marriage on Tue Feb 05, 2013 12:32 am

ibonidarna


Reclusion Perpetua
If you do that, IMO you would be liable for bigamy. The law defines bigamy as contracting a second or subsequent marriage before the former marriage has been legally dissolved.
Better have the earlier marriage nullified, then marry each other again.

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10 Re: legality of marriage Today at 4:09 pm

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