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Saan po pwede magfile ng legal separation?

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1 Saan po pwede magfile ng legal separation? on Sun Feb 20, 2011 12:53 pm

ed


Arresto Menor
Good day!
Gusto ko po sana magfile ng legal separation? I am married since 1996. I have one son who is under my custody. I am the only one supporting my son since my wife abandon us. My wife was already married with another man in Japan last 2008. She is now living with him and as far as i know may anak na po sila.
Gusto ko po sana maayos ang lahat, gusto ko po na mailagay sa mga documents na legally separated. Me mga plano na rin po ako mag-asawa uli. Please help me.
Thanks.
More power.

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attyLLL


moderator
legal separation will not annul your marriage.

did your wife become a foreign citizen before she married you?


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3 Saan po pwede magfile ng legal separation? on Fri Feb 25, 2011 12:15 am

ed


Arresto Menor
Filipino citizen po kami pareho when we got married in 1996. Wala po kami legal separation, when she marry another man in japan last 2008. Nakapagpakasal po siya dun at nabago din yun passport, japanese surname na po siya.
Ano po pwede ko gawin para makakuha legal separation o annulment?

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attyLLL


moderator
what do you mean her passport change; she now has a japanese passport?

it looks like she declared she was single in Japan. Her subsequent marriage does not dissolve yours.

are you going to get married again? you have the option of just leaving it alone.


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ed


Arresto Menor
Yup, she has a japanese passport, spouse of Japanese national.
I have plan of getting married again but i dont know how to resolve this situation. Can i remarry again without getting legal separation first?
How about in documents like buying properties, what can i declare? single or separated?
Thanks for your advices.

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attyLLL


moderator
you will have to know whether she divorced you and whether she was still a Filipina when she filed her pertition for divorce. If she was already japanese when she filed her petition, then you can use the decree of divorce to have it recognized here through a judicial petition in court.

if she was still a filipina, then philippine law looks at her 2nd marriage as bigamous and your marriage as still subsisting.


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