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Annulment Question

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1 Annulment Question on Sun Jun 26, 2016 4:42 am

ddh_4


Arresto Menor
Hi Everyone,

I have a question to ask anybody who has information or know of a right answer.

CASE: - Husband and wife were both married in the Philippines.
- Year 2000 they migrated to the US ( worked and live there together with the minor children )
- 2014 Both (husband and wife ) became US Citizens
QUESTION: Can they file for annulment in the Philippines instead of them just getting divorced in the US?

Thank you!

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2 Re: Annulment Question on Wed Jun 29, 2016 11:06 pm

marlo


Reclusion Perpetua
Why not get a divorce in US and have it recognized in Philippines? Either way, you need an atty for this.

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3 Re: Annulment Question on Wed Jul 06, 2016 5:46 pm

attyLLL


moderator
the answer is yes, they can file a petition for annulment here. is it advisable? I would think it will be easier to get a divorce in the USA.


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4 Re: Annulment Question on Thu Jul 07, 2016 11:30 am

joan roa


Arresto Menor
Hi Everyone,

I have a question to ask anybody who has information or know of a right answer.

CASE: - My niece (a filipina) married in US (an american) but got divorsed 2011, last 2013 her passport was default and got another one but still recognized that married in her first husband that she divorsed but it was not annulled.

QUESTION: Can she file for an annullment in US or here in the Philippines?


Thank you!
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5 Re: Annulment Question on Thu Jul 07, 2016 11:37 am

joan roa


Arresto Menor
Hi Sir / Ma'am,

i just want to ask for your advise not for me but for my niece (a filipina), acctually she was divorce from her first husband and remarried for the 2nd time the problem now her passport was default and renew it last 2013.

But the Philippines embassy still recognizes her marriage to the first husband because It was not annulled. She was not able to change her name in her passport.

Question: Is she going to file for annulment here in the Philippines or in US?

Thank you,
Joan Roa

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6 Re: Annulment Question on Thu Jul 07, 2016 11:52 am

attyLLL


moderator
the more advisable route is to undergo a judicial recognition of her divorce in the US if she is here in the PH. based on experience, she will need certified copies of the law where her divorce was issued and the divorce docs and decree, then her lawyer will file a petition in court here. there will be a trial to see if the divorce is valid. if the judge is satisfied, he will order that the divorce be recognized.


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7 Re: Annulment Question on Thu Jul 07, 2016 1:26 pm

joan roa


Arresto Menor
How many days is the processing of annullment?

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8 Re: Annulment Question on Fri Jul 08, 2016 9:06 am

attyLLL


moderator
not an annulment, a judicial recognition of the divorce. 6 mos to a year


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9 Re: Annulment Question on Fri Jul 08, 2016 12:13 pm

joan roa


Arresto Menor
do she wait to re marry after the judicial recognition or not?

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10 Re: Annulment Question on Sun Jul 10, 2016 8:56 pm

attyLLL


moderator
if she does not wait, and marries in philippine territory, she can be charged here with bigamy.


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11 Re: Annulment Question on Fri Jul 15, 2016 10:43 am

joan roa


Arresto Menor
hi sir where will i go to ask for if i have form to fill up for the judicial recognition? and where to submit?

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12 Re: Annulment Question on Fri Jul 15, 2016 11:08 am

joan roa


Arresto Menor
is the judicial recognition will keep the old name (meaning does she keep her maiden name)

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13 Re: Annulment Question on Fri Jul 15, 2016 4:13 pm

attyLLL


moderator
you will need certified copies of the divorce decree and other documents and a lawyer to file the petition in court. it is a full blown court case.


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14 Re: Annulment Question Today at 11:08 am

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