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JOINT DIVORCE... is it valid for recognition of divorce under Philippine Law?

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Arresto Menor
Good pm everyone/Atty. The ex of my boyfriend will be filing for divorce at Las Vegas Nevada where she lives. She is an American Citizen and my boyfriend is a Filipino. She said, she will file for Joint Divorce with no child para mas madali daw and uncomplicated. Kaya lang po may nabasa kami na pag Joint or mutually agreed upon divorce eh hindi po valid or maggrant ng Judicial Recognition of Divorce dito sa Pilipinas. Ano po ba dapat klaseng divorce ang i-file ng ex para po maayos na namin lahat at maikasal na din po dito sa atin. Baka po kasi masayang lang kundi din kikilanin dito eh hati po kami sa gastusin ng papers dun, tas ung dito po solo lang namin. Also, magkano po aabutin ang recognition at gaano katagal usually ang process? Maraming Salamat po

Last edited by cheann on Thu Oct 23, 2014 10:59 am; edited 1 time in total (Reason for editing : insufficient details)

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Reclusion Perpetua
Hi, the ex of your boyfriend cannot file for an Application for Joint Divorce kasi your boyfriend is a Filipino citizen. As a rule, if granted, that joint divorce will not be recognized here in the Philippines.

As an alternative, what the ex of your bf should do is to file for divorce na hindi Joint or file it on her own. It is best for her to consult a U.S. Lawyer for her other options.

Depending on whether all the necessary documents are complete, the recognition may take a few months.

As for the costs, it can be more or less 150,000.

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Reclusion Perpetua
Yes she can divorce your boyfriend.
If the petitioner is Foreigner and the respondent is Filipino its easier. But if the petitioner is Filipino and the respondent is Foreigner, it needs to be recognised first before the Filipino can remarry again.

Paragraph 2, Article 26 of the Family Code of the Philippines provides:

“Article 26. xxx
Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce decree is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have the capacity to remarry under Philippine law.”

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