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Divorce and Annullment

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1 Divorce and Annullment on Tue Jan 15, 2013 2:29 pm

123pinoy


Arresto Menor
Hello Attorneys - I would like to ask if this scenario is possible:

1. I get a citizenship from another country
2. Divorce my wife in the country of my new citizenship
3. Remarry in the new country

If I get divorced and remarry in another country, then I go back to PH - will the previous marriage be valid under PH law? If that's the case, that means its bigamy in PH but not in other countries?

Please kindly advise.

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2 Re: Divorce and Annullment on Sun Jan 20, 2013 8:06 am

tsi ming choi


Reclusion Perpetua
123pinoy wrote:Hello Attorneys - I would like to ask if this scenario is possible:

1. I get a citizenship from another country
2. Divorce my wife in the country of my new citizenship
3. Remarry in the new country

This is the typical text-book scenario in circumventing Art.26 of the Family code.

Some Justices opined that this cannot be done and it cannot Validly terminate the marriage bond notwithstanding the procurement of a divorce decree, otherwise "it will open the door to those rich filipino couple to obtain citizenship from another country for the purposes of obtaining divorce"

123pinoy wrote:
If I get divorced and remarry in another country, then I go back to PH - will the previous marriage be valid under PH law?

Still Valid because of the abovementioned reason.

123pinoy wrote:
If that's the case, that means its bigamy in PH but not in other countries?

Since the previous marriage is still valid then, theoretically there is a bigamy BUT not a valid cause to institute such case in the philippines, considering that the subsequent marriage took place outside the philippine territory.

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3 Re: Divorce and Annullment on Tue Jan 22, 2013 3:16 pm

attyLLL


moderator
imo, that is perfectly fine.


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4 Re: Divorce and Annullment on Wed Jan 23, 2013 1:10 pm

123pinoy


Arresto Menor
attyLLL wrote:imo, that is perfectly fine.

perfectly fine, meaning no bigamy?

pero the ex wife will still have a valid marriage right?

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5 Re: Divorce and Annullment on Sat Jan 26, 2013 10:00 pm

attyLLL


moderator
yes, because as to the filipino spouse, she is still considered married until the divorce is recognized in court.

no bigamy as to you


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6 Re: Divorce and Annullment on Fri Mar 01, 2013 6:00 pm

123pinoy


Arresto Menor
Attorney - I received a letter stating that an answer was filed by repondent through councel.

The Answer however was not verified by the respodent... in view thereof the Answer is sticken off the record.

MY question is - since this is stricken off, the next step will be to find out if there is collusion right? Will the respondent be able to file another answer? Or make excuses/justification that she was not able to verify cause of being out of the country, etc?

What do you think is the strategy? Is this some kind of delaying tactic?

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7 Re: Divorce and Annullment on Sat Mar 02, 2013 12:20 pm

attyLLL


moderator
you should be more clear and honest that there is an actual case behind your questions. it is best to discuss this with your own counsel


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8 Re: Divorce and Annullment on Sat Mar 02, 2013 6:39 pm

rose11


Arresto Menor
hello p atorny..hingi lng po ako ng advice..pwedi po bng mag file ng annullment s pinas khit wla ang asawa or wlan perma?ofw po kc akoat wla po ako sa pinas.last day po may natanggap po ang kpatid ko galingcourt petition of annulit of merriege..ano po ang ibig sabihin po yon.nag file po b menyng asawa ko ng annullement? plz advise

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9 Re: Divorce and Annullment on Sat Mar 02, 2013 11:11 pm

attyLLL


moderator
yes, it can be filed while you are out of the country. but you have to appear during pretrial and day of testimony


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10 getting married in the phillipines on Mon Mar 04, 2013 8:31 am

rsrerigh


Arresto Menor
Good day po attoneys just want some advise; Ang fiance ko po ay kasal sa pinas sa isang british national,she got her divorce degree in UK she is a a british citizen now can we get married in the phillipines? tnx

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11 Re: Divorce and Annullment on Mon Mar 04, 2013 10:35 am

Xen


Arresto Menor
Good morning po Atty. i would like to ask an advice regarding po sa marriage ko. Eto po ang situation,

Nagkahiwalay kami ng husband almost 3 years ago. Since then wala na kaming communication at walang support na binibigay sa anak namin. I found out na ang husband ko ay previously married na pala, Bago pa niya ako pinakasalan. Nakakuha po ako ng marriage certificate niya from NSO and it was stated na year 1995 pa siya kinasal. And our marriage is year 2005. Both has records in the National Statistics Office. And to make sure po na ang taong pinakasalan ko ay same as the person nga na nauna ng naikasal, nakakuha po ako ng supporting documents ( birth certificates ng 3 kids niya).

Ang tanong ko po ngayon... does this mean that my marriage is null and void? If so, means hindi na kailangan ng annulment? ANd paano po ba ang proper procedure para matanggal ang records namin and at the same time ma-prove na walang bisa ang kasal ko sa kaniya?

Maraming salamat!

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12 Re: Divorce and Annullment on Mon Mar 04, 2013 12:03 pm

attyjoyce


Reclusion Perpetua
Hi Xen,

Yes, your marriage is null and void.
You need to file a petition for declaration of nullity of marriage in order to get a court order declaring your marriage null and void and submit it to the NSO.

For more free legal info about family and marriage, you may visit www.domingo-
law.com



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13 Re: Divorce and Annullment on Mon Mar 04, 2013 3:36 pm

ryloz


Arresto Menor

TO: AttyLLL!

No marriage license issued prior to actual ceremony and MC date is different from actual date of marriage

Just want to ask about my case:
Me and ex wife got married March 19, 2005. Everything was in rush since she is pregnant (2 mos) by that time. Wala kaming balak magpakasal pa by that time dahil prior sya na buntis gusto nya na makipag hiwalay sa akin. pero nag insist ang family nya na ikasal kami so napilitan na kami pareho at mommy nya na nag ayos ng papers march 14 may pina sign sa akin na papel at now ko lang nalaman na for marriage license pala yun... Then March 19 ikinasal kami sa bahay nila at legal yung solemnizing officer na nagkasal sa amin under spiritual filipino catholic church... naka video po ang kasal namin...now nung kumuha ako ng kopya ng MC nalaman ko na ang date ng kasal namin is April 25, 2005 and ginanap sa office ng solemnizing officer sa Pasay City Hall, last year kumuha ako ng Marriage license na naka registered sa San Juan City Hall at ang date release ng ML namin is March 25, 2005....
Now ang tanong ko pwede ba maging basis ng nullity of marriage yung ikinasal kami na wala pang marriage license? (actual date ng kasal is March 19 pero marriage license date release was March 25, 2005)
ang mga ebidensya ko dito is actual video footage with dates kung kaylan naganap ang marriage, mga anniversary card namin ng ex ko, wedding ring with date of our marriage anniversary? Then pwede ako mag harap ng mga witnessed... Nag hiwalay kami ng ex ko kasi nabuntis sya ng ka relasyon nya sa work at sabi nya choice nya rin yun. may anak kami na babae 7 years old na at pina ubaya nya sa akin ang custody nun. Hope ma en light nyo ako sa case ko. I guess pina fixer ito nung solemnizing officer! I have a copy of marriage license from San Juan City Hall sa part ko wala akong parent consent since nasa Mindanao parents ko at ayaw din nila ako makasal, sa side ng babae mommy nya ang nasa pinas ang father pina forge nila ang signature.
Thanks!

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14 Nullity of marriage on Mon Mar 04, 2013 8:18 pm

Missy_00


Arresto Menor
Dear atty,

Good day! I would like to seek legal advice about my case.. I met my husband who is a Filipino naturalized as US citizen last 2000. He had a wife here in the Philippines and got married here last Nov. 1996. Before we got married just last year 2012, he told me that he dont need to file for an annulment because his wife is now a US citizen too and that he just need to acquire an affidavit in the US embassy for the legal capacity to get married here. He file for a divorce in the US last 2010. But when I checked from NSO a cenomar for him, 2 marriages appeared, still with the previous marriage and ours.

I would like to know if my marriage with him is still valid or not?

Thank you and God bless.

Missy

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15 Re: Divorce and Annullment on Mon Mar 04, 2013 8:54 pm

tinkerbell_me


Arresto Menor
Dear Atty.,
I got married last august 21, 1990 because I got pregnant by him. We did not live under the same roof because I was having a stable job in our place while he was jobless and very dependent to his mother. My husband started to have an affair before I gave birth to our first child. I did not mind of the hear says because I do not have any evidence at all until last 1997, when I was 2 months pregnant with our 3rd child, I heard from his own family (sisters, brothers, in-laws, and even from his mother) that he was keeping a woman in his own room. I then decided for separation and took care of my 3 children on my own. I am now working abroad since 2003 to support my children. My 2 kids have already finished their degree in college which I feel so happy and proud. Since I only have 1 kid to support in studies, I am considering applying for an annulment. My husband and I haven't spoken from 1997 and he never gave support to my kids. He also have 4 kids of his own with another woman which he is living with. What will be the civil case to file against him for annulment? I am not earning that much even if I am working abroad, but, is there any public lawyers who can help me filing an annulment who will charge lesser and hopefully win the case? Please give an advise. Thank you.

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16 Re: Divorce and Annullment on Thu May 09, 2013 4:32 pm

Xen


Arresto Menor
Atty., follow up question po, nag file po ako ng petition for declaration of nullity of marriage. But then yung letter daw po na galing sa court para sa husband ko ay walang tumatanggap. At sabi ng abogado na me hawak ng case ay pwede raw ma dismiss ang case pag walang tatanggap sa letter..... Wala na po akung communication sa kaniya for many years since we separated. And even sa family niya wala na rin akung communication sa kanila.


Ano po ba ang dapat kung gawin?

attyjoyce wrote:Hi Xen,

Yes, your marriage is null and void.
You need to file a petition for declaration of nullity of marriage in order to get a court order declaring your marriage null and void and submit it to the NSO.

For more free legal info about family and marriage, you may visit www.domingo-
law.com



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17 Re: Divorce and Annullment on Sun May 12, 2013 1:19 pm

anjelojohnbrachel


Arresto Menor
Atty

good morning po

isa po akong ocw 13 years ng kasal may isa po kaming anak 13yrs old, 2years ago naramdaman ko po na hindi ko na mahal ang babaeng pinakasalan ko, gusto ko na sanang sabihin sa kanya na ipa void ang kasal namin pero diko po alam kung papaano ko sasabihin sa kanya at hindi ko din alam kung ano ang proseso ng mag pa anul ng mc, tuloy parin po ang pagsustento ko sa kanila financially, advice naman po kasi nahihirapan po ako sa sitwasyon ko, kung diko sasabihin sa kanya ang nararamdaman ko baka habang buhay nalang akong magiging miserable ang buhay.

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18 Re: Divorce and Annullment on Fri May 17, 2013 2:14 pm

attyLLL


moderator
from the legal side, to annul a marriage, there has to be, first, a ground for annulment that can be proven. it is not just a matter of processing.


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19 Re: Divorce and Annullment Today at 1:39 am

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