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can a foreigner file charges of adultry from abroad

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akdarren


Arresto Menor
I am an american married to a filipina. We had made our home in the philippines. I am not yet able to retire so i do return to the US to work. I recently recieved a message from an american working in manila. Aparently he and my wife have been together since march. He had become suspicious of her story so looked at her phone and found out she really was married to me and we had a daughter.He confirmed they had sex multiple times. My wife found out he had told me so she reluctantly admitted the sexual encounters. She then came clean and admitted she had been seeing another american before him for a year. There are sex tapes etc. Ive saved all these messages from her and him. Im still in the us. She is just avoiding me now. Is it possible for me to file adultery charges on her with the PNP from here in the US? Im devistated but she is acting like she can just get annuled and i lose everything. Any help is appreciated

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akdarren


Arresto Menor
Anybody?

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akdarren


Arresto Menor
Guess no answer for the kano ?

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AWV


Reclusion Perpetua
Hang on! I'm still thinking to answer your questions don't be impatient! Razz Someone will listen to you just wait!

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AWV


Reclusion Perpetua
akdarren wrote:I am an american married to a filipina. We had made our home in the philippines. I am not yet able to retire so i do return to the US to work. I recently recieved a message from an american working in manila. Aparently he and my wife have been together since march. He had become suspicious of her story so looked at her phone and found out she really was married to me and we had a daughter.He confirmed they had sex multiple times. My wife found out he had told me so she reluctantly admitted the sexual encounters. She then came clean and admitted she had been seeing another american before him for a year. There are sex tapes etc.  Ive saved all these messages from her and him. Im still in the us. She is just avoiding me now. Is it possible for me to file adultery charges on her with the PNP from here in the US? Im devistated but she is acting like she can just get annuled and i lose everything. Any help is appreciated

I think you will have to open a case at the Philippine Embassy in the US and get a lawyer to guide you with the processing and file a case of adultery against her. Submit all the evidence you have in hand and since you have lived and has a house in the Philippines, you are likely to have the residence permit which will enable you with the jurisdictions. When the case is open and proven she had committed adultery she will be sent to prison and that is when you apply for divorce. I doubt she'll have rights to your properties but better yet to verify it with the lawyers. GOODLUCK!

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attyesc


Reclusion Temporal
adultery is a private crime and may only be prosecuted at the instance of the legal spouse. you must be the one to personally file the case at the prosecutors office by executing a complaint-affidavit. the police or any person cannot file the case on your behalf.

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AWV


Reclusion Perpetua
In other words, you have to go back to the Philippines and file the case against her then return to US to work, then back again to the Philippines to attend your hearing every time you have one, which is every 3 to 6 months! To make life easier for you, Why not just divorce her?

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akdarren


Arresto Menor
Yikes. Did not realize i would have to keep coming back. She now wants annulment but from what ive read she doesnt qualify. If i divorce her here in us then file it with the philippine gov would that do the trick? I am worried about my daughter in all of this. I have a feeling im going to be squeezed out of her life. Thankyou for helping me guys. Very tough time emotionaly

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AWV


Reclusion Perpetua
akdarren wrote:Yikes. Did not realize i would have to keep coming back. She now wants annulment but from what ive read she doesnt qualify. If i divorce her here in us then file it with the philippine gov would that do the trick? I am worried about my daughter in all of this. I have a feeling im going to be squeezed out of her life. Thankyou for helping me guys. Very tough time emotionaly

Yup! If you divorce her, I doubt she does qualifies for alimony because she is not American and it does not apply to her because she is in a different jurisdictions, let her file it for recognition herself so she pay the expenses otherwise if you file it yourself it's an easy escape for her! Razz When your divorce is finalised you have no responsibility to her only to your daughter.  cheers

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akdarren


Arresto Menor
Thanks again for the advise Smile This gives me some hope. I love it in the Philippines. Just got caught up with a bad filipina. Hoping to get this behind me, maybe find a good hearted filipina that would appreciate me and start over with plans to live there. I want to be close to my daughter. Question. This will not impede me from remarrying a filipina as long as i get the divorce here and get clearance at the embassy in manila? Thanks again for all the help and the brighter outlook Smile

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AWV


Reclusion Perpetua
You can marry with your divorce papers but she can't! Until she files for a recognition.

The divorce obtained by the foreign or naturalized spouse is not automatically recognized in the Philippines. The Filipino party needs to file a case in court for the recognition of the foreign divorce. The party pleading for divorce recognition must prove the divorce as a fact and demonstrate its conformity to the foreign law allowing it. It must also be shown that the divorce decree allows the former spouse to remarry, as specifically required in Par. 2, Art. 2 of the Family Code of the Philippines.

http://www.hg.org/article.asp?id=20090

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akdarren


Arresto Menor
Smile Thankyou so much for the help

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