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Annulment or Divorce

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1 Annulment or Divorce on Sat Aug 27, 2011 2:12 am

uriel


Arresto Menor
Hi Atty!
I am married to a US citizen. We separated 3 years ago but not divorced. Now, I have a son and my boyfriend wants us to get married. For some reason, my marriage wasn't registered in the Philippines and so I cannot get annulment (according to a public lawyer). The marraige took place in the Phils but it seems like it was fake but already registered in Saipan. I was adviced to get a divorce but then it will only be recognized in the Phils if the foreign spouse does the petition for our divorce. He did file the divorce in Saipan but then failed to show up and continue with the process. Now, he wont do it anymore and is hiding from me. I was thinking that maybe if I demand for alimony then he will be forced to do our divorce but I dont know everything. Please help me. What should I do. My boyfriend and I are having issues now because of this so I am very frustrated. I really want this family for my son. Thank you.

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2 Re: Annulment or Divorce on Sat Aug 27, 2011 3:31 pm

attyLLL


moderator
where is your husband now?

do you have a copy of your marriage certificate? you can have it late-registered through the consulate in saipan.


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3 Re: Annulment or Divorce on Sat Aug 27, 2011 3:59 pm

uriel


Arresto Menor
No, I dont have the copy of the marraige certificate anymore. I checked with the Civil Registrar and NSO but it wasn't registered. It was fake all along. The person I married is in Saipan. He has a girlfriend and kids now and i have my own life as well. I think that he doesnt want to continue the divorce for fear that the court in Saipan finds out that it was fake. Atty, is there any way I can declare the marraige void? Thank you for your time.

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4 Re: Annulment or Divorce on Sat Aug 27, 2011 4:13 pm

attyLLL


moderator
non-registration of the marriage certificate does not make the marriage void, but if there's no record of the marriage, the presumption is that it does not exist.

this is just my opinion, but if you are able to acquire a CENOMAR, then it can be a good faith basis to say that you were never married in case you were charged with bigamy.


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5 Re: Annulment or Divorce on Sat Aug 27, 2011 5:50 pm

uriel


Arresto Menor
Atty, our problem is that we applied for fiancee visa but I was denied because of that marraige. I was able to acquire IR status when I was in Saipan with my husband. So it seems that our marraige was on file of the US immigration that is why I need to somehow annul it. And Im seeking ways, the easiest if possible, to clear my status. Please help. Thank you very much!!

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6 Re: Annulment or Divorce on Wed Aug 31, 2011 5:09 pm

attyLLL


moderator
the best remedy would be a divorce under US law or an annulment here.


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7 Re: Annulment or Divorce on Wed Aug 31, 2011 5:13 pm

uriel


Arresto Menor
but how am i supposed to do the annulment? a public lawyer told me that it can't be done...was he just being lazy then? what should i tell him? thank you so much for your time!

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8 Re: Annulment or Divorce on Wed Aug 31, 2011 6:11 pm

attyLLL


moderator
you will have to produce a certified copy of your marriage certificate.


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9 Re: Annulment or Divorce Today at 7:49 am

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