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Void Marriage problem

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1 Void Marriage problem on Tue Aug 23, 2016 8:36 am


Arresto Menor

Hello & good day, my name is Stephanie Chua, I am a filipina, 52 years old.
I am writing because I need legal advice & I'm in a desperate situation. I tried writing lawyers about my problem here in florida, but I get short insufficient advices. Unfortunately I am not financially capable to hire a lawyer, so more to seek annullment in the Philippines.
I was married when I was 16 years old due to pregnancy, & unfortunately it's a fact that in the Philippines that when you get pregnant the only solution is to marry. So my x husband & I was pushed to marry by my mother & his parents (I never had the consent of my father to marry).
Throughout the 30 years of my very rocky marriage, we would separate all the time, this is due to his irresponsible ways. He was always out of work, a drinker, gambler, womanizer & a doper.
I have 4 children with him, which are all grown ups now. My eldest is already 35 & my youngest is 25, my children always knew that I stayed in the marriage for them. They knew that once I made sure they are all doing well in their own lives that I will leave their father & finally live my life.
When my youngest child went to dubai for work that was the time I left, knowing that I am done with my obligations to them as a mother.
I've been permanently separated from him for 5 years now.
Within the time I separated with him, my mother told me that she thinks my marriage is void from the beginning because my father never gave his consent to the marriage. I then inquired about it through the public atty. office in my city. He said it is also in our law, our Philippine family code chapter 3 art. 35, in which it is indicated that a marriage under the age of 18 even with parents consent are null & void.
Thou he also adviced me that I should seek for an annulment, I did not do it due to financial reasons.
After 2 years I met an american through a dating site, we fell inlove & he proposed to me asking me to come here in the U.S.. I had no problem coming here because I have an existing multiple entry visa for the U.S.
At first it concerned me on how I can marry him if I am still married to my x. So I downloaded a divorce papers & a consent to divorce paper & made my x sign it before I left the Philippines.
But I was not able to file it here because I needed to be a resident to be able to file it.
A cousin of mine that's been living here in the U.S. for 35 years adviced me just to get married because as she says law of other countries does not apply with the law in the U.S. & that my marriage is void anyways from my first husband. My mistake was I believed her & my husband & I married before my entry visa expires. Today we tried to file for my petition, unfortunately we found out we cannot file for it because I am still married to my x & the void law doesn't apply & I still need to annull my marriage from my x or divorce him.
I am not in the Philippines so how can I seek annulment from the U.S.. I have no financial capacity too to do that too, divorce is the best option but where & how can I get it?
Please, please help me, advice me please on what I need to do, I am lost, worried & scared.
Stephanie Chua

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2 Re: Void Marriage problem on Thu Aug 25, 2016 7:42 pm


Reclusion Perpetua
You can file for annulment there in the U.S. If granted, the same can be enforceable here in the Philippines as the same can be recognized under Philippine Law. That being said, you need not go here and file a petition. Just file the same in the State that you are residing.

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3 Re: Void Marriage problem on Thu Aug 25, 2016 11:32 pm


Arresto Menor
Really? Oh that is great news.
I am eyeing this mexican annulment through Massachusetts chambers with an apostille stamp.
Because I cannot go back to the Philippines at the moment or i cannot return to my husband here for 10 years. I will be considered overstaying. I am only after annulment that they will accept here. I don't care anymore about our country that cruelly forces the unlawful marriage law. Pushing filipinos to stay in a marriage that is already broken, pushing us to commit adultery. Sorry for this comnent, I cannot help myself at times brcause I am so frustrated.
You think this mexican annulment will work?
Thank you so very much for your answers, i trully aporeciate it.

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4 Re: Void Marriage problem on Thu Aug 25, 2016 11:51 pm


Reclusion Perpetua
Again, if that 'Mexican Annulment' is recognized in the US, then the same is recognized in the Philippines.

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5 Re: Void Marriage problem on Fri Aug 26, 2016 12:08 am


Arresto Menor
You are such a big help, thank God.
I have bern trying for days now to get answers from the Philippines, I even called our embassy here but they are no help, which is sad.
Our immigration lawyer wanted me to file annulment in our country, thou she admits she is not knowledgeable with our law. But you HrDude is a big help, you have answered all myquestions. I have one more if you dondon't mind.
As I've written from my first message i was married at 16 i 1980. Our family code chapter 3 art. 35 says my marriage is void due to my age, but that was 1980, that law was changed in the mid 80s. Does it also apply yo me?
It should don't you think so, because it is the law now?
Thank you again

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6 Re: Void Marriage problem on Sun Aug 28, 2016 3:34 pm


your marriage is not void because the marrying age at the time you married was below 18.

I recommend you seek a divorce rather than an annulment.

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7 Re: Void Marriage problem on Tue Aug 30, 2016 6:04 am


Arresto Menor
Thank yoy for your advice. I want to seek the annulment because i am currently married to my american husband for 1 year & 2 months now. If i seek divorce i have to divorce him first, that was an advice i got here from another lawyer. That's why i want an annulment so i don't need to divorce my husband now here. Can i seek for an annulment instead here?

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