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CAN DIVORCE OBTAINED IN THE US BE VALID HERE IN PHILS?

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ayessah


Arresto Menor
Hi Atty. My ex husband is an American and he filed for divorce in the US with me as the petitioner. We just found out that it is not valid here in Philippines because he is suppose to be the one who petitioned for the divorce. That's what I have learned from the lawyers that I have asked.

But my question is, is there really no way to make it applicable in our country? The divorce is uncontested. We both agreed and signed into it. If the US court did not question why I am the one who filed for it when in fact I have never been in the US then why should the Philippine court question its validity?

Please help me. I want to clear my status w/o hassles. I already have the divorce papers. What should I do with it? It's not fair that my ex is a free man now and I am so stuck. Can I go to court and file a case of what?

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attyLLL


moderator
i'm afraid the lawyers you talked to are correct. the divorce will not be recognized here.

the principle lies in the nationality of the person who filed the divorce. philppine law cannot govern over the nationality of a foreigner which is why it will respect the foreign decree of divorce if filed by the foreigner. the reverse is true; if it is the filipino who files the petition for divorce, then it will not be recognized.

i'm afraid i cannot think of a solution to use your current divorce decree.


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3 it's me again on Fri Jan 14, 2011 8:00 am

ayessah


Arresto Menor
hello. sorry i can't let go of the idea.

i want to try applying it in court for i know the divorce decree is as valid in the USA as it should be in Philippines.

my ex-husband was the one who filed for the uncontested divorce. he was the one who paid for it. he was the one who processed it. all i did was sign it. there are papers showing that it was him who obtained the divorce.

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.

I insist that it states the word obtained and it is far from the word petitioner or plaintiff.The lawyers I asked interpret it according to how others may look at it or probably in reference to other cases about it. i have my own way of interpreting it and i wanna go to court or whatever to prove just that.

first fact, i am not an American. never been to the US. how am i able to obtain a divorce if not for my ex-American husband?

second, the US court approved the divorce in the US therefore if it is valid in the US court then why not in Philippines since whatever laws apply to a foreign national is also applicable under Philippine law?

third fact, there are papers to prove that my ex-husband was the one who filed for the divorce and not me.

therefore, it is indeed my former American spouse who obtained the divorce and not me regardless if i was the one who was written as the petitioner/plaintiff.

it's what i really want to prove. so where should i start? it's just really a matter of proving that the word obtained in the family code can imply different, varied meanings.

please help give light to this matter. thank you.

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attyLLL


moderator
unfortunately, it is the petitioner who is considered to be the one who 'obtained' the divorce. it was your husband who 'processed' it, but it was all in your name.

i would not advise you to test your theory in court, though you are free to do so.

you can consider is to ask the your husband to ask the US court to modify the record to reflect that he or both of you are the petitioners.


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