Please help, need immediate advice.
1 Please help, need immediate advice. on Tue May 27, 2014 11:58 pm
2 Re: Please help, need immediate advice. on Wed May 28, 2014 5:00 am
On the other hand, I believe married abroad, it is only the man they verify the singleness not the woman especially if you are marrying her under American law at the Embassy. They only require 2 weeks verifications of your documents authenticity. Good luck!
3 Re: Please help, need immediate advice. on Wed May 28, 2014 5:13 am
When the divorce is obtained by an alien spouse against a Filipino
The second paragraph of Article 26 of the Family Code states:
“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”
We must make a clear distinction here.
 If it is the Filipino spouse who initiates or files the divorce action against the alien spouse, the subsequent divorce will not be recognized here in the Philippines. If that Filipino gets married here again, he or she will be liable for bigamy.
 However, if it is the alien spouse who initiates or files the divorce action, Article 26 of the Family Code will apply. The divorce will be recognized here in the Philippines; if the said divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law. That is, after the foreign divorce decree is recognized by a Philippine court; more on this below.
How do you know who filed or initiated the divorce proceedings?
I have come across some forums where the question has been asked as to how do you know who filed or initiated the divorce proceedings? Well, if you look at the divorce papers, the term “complainant” or “petitioner” refers to the person who filed or initiated the case. The term “defendant” or “respondent” refers to the person against whom the petition was filed.
What about consensual or mutual agreement divorces?
I have been told that in some countries like Japan and Korea, the alien spouse and the Filipino spouse can simply go through an administrative process where they can get divorced in less than a day. According to a Wikipedia article, 90% of divorces in Japan are by mutual consent (the term is “kyogi rikon”).
This kind of mutual consent or agreement divorce is not recognized here in the Philippines. Article 26 of the Family Code contemplates a situation where the divorce is filed by the alien spouse against the “unwilling” or “innocent” Filipino spouse.
4 Re: Please help, need immediate advice. Today at 8:07 pm
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