I Don’t Like Talking About Divorce
Nobody really wants to go into talking about a divorce unless they absolutely have to.
And I certainly don’t want to talk about divorce as if it were some easy, quick solution to issues and disagreements that husbands and wives ought to be able to work out between them.
But one thing for is certain, some times there are issues that just can not be worked out. In legal terms, for whatever reason, the term is the marriage is “irretrievably Broken”.
When You Need One, You need One
That specific “Broken” description, or words that mean the same, are in the language of every state’s laws governing divorce in the USA, and some other countries as well … specifically those states who allow what is commonly known as “no fault” divorce.
In those states and countries, one or both parties to the marriage do not have to show “fault” (infidelity, mental or physical cruelty, etc.) on the part of the other party. The state agrees that if either (or both in some states) party will agree that the marriage is irretrievably broken, the state will grant a divorce and legally dissolve the marriage, leaving both partners free and able to marry another, if they wish.
Obviously to most of you, the Philippines is not one of the countries who allow “no fault” divorces. In fact (except for a certain procedure which affects only those of the Islamic faith) there is NO DIVORCE in the Philippines.
Now if a US citizen is married to a Filipino citizen, the Filipino can never seek a divorce in the Philippines. She or he can seek a “legal annulment”, which is also a way to dissolve the marriage, but it is far from a “no fault” issue, and it costs a lot and often takes years to happen. Also, since one party must show proof of fault on the part of the other, some cases for annulment do not “prosper”. You might spend years and thousands of dollars in court and wind up with the case denied.
The Filipino can seek a divorce in some other jurisdiction, if she or he meets the rules established by that jurisdiction, but the problem for the vast majority of Philippine citizens is, they can’t GET under the jurisdiction of another nation … visa requirements are typically the reason.
If that Filipino DOES get to a jurisdiction which allows divorce and successfully receives a grant of dissolution of marriage there, guess what? She or he is still not free to marry in the Philippines. The law of the Philippines will not honor a divorce which has been filed by a Philippine citizen, no matter what.
Those of us who are NOT Filipinos though have much more leeway. Let’s say, for example, that we are US citizens, as many of you reading this are.
Well no problem then. We can travel to a US state (or the District of Columbia) and file for a divorce there. If the foreigner in a foreigner/Filipino marriage files for a divorce, the Filipino partner may then petition the court of the Philippines to recognize the divorce and thus free her or himself in that manner.
How Easy Will a US No Fault Divorce Be?
Answer is, “It Depends”. There are actually 50 different divorce laws in the USA, 51 counting DC, and virtually every one of them is different.
Some states allow very easy “no fault” determinations, some others still apply much more strict standards.
Some US states allow just one party to be present in the state and file the divorce, others make it a requirement that both parties be under the control of the state before a divorce can be granted.
Residency Is Often An Issue
In all cases, there are residency requirements for one or both of the parties, and they can be as long as 6 months or a year.
So even though the chances of a legal divorce are much better for a non-Filipino, it is no “piece of cake” to get a US divorce.
And if one is dealing with a state with residency requirements … especially if the other party in the marriage has to be a resident as well, it can be a very difficult thing to get done.
An Alternative Is Available
There is a US (and other nationalities as well) solution, though, just a few hours away from the Philippines.
The Island Nation of Guam
Guam is an unincorporated territory of the United States. In addition to a very lenient “no fault” divorce law, Guam is very liberal regarding residency requirements.
- Only one parties to the marriage must be a Guam resident… thus no need for the presence of a party who can’t get a US visa.
- Only 7 days “in country” required to establish legal residency.
- No requirement that either party be a Guamanian or a US citizen … any nationality may be granted a divorce if they meet Guam’s other requirements.
Is It Legal?
(author’s. note: “This would be a good time to insert a reminder here. I am not an attorney and this is all personal opinion, not legal advice. If you need a legal professional, please use one. Thanks.)
Now, of course I can hear a lot of you saying, “Whoa, that’s not possible. This divorce must not be legal, maybe it is similar to some of those Dominican “quickie divorces” I have read about which aren’t legal in all US States.
Well I can assure you that unlike a divorce obtained in some foreign county like the Dominican Republic, etc., a divorce legally granted by Guam is absolutely legal in all 50 US states .. it is, after all, granted by a US court, under the authority of the US Congress. See:
Is a Guam Divorce Legal?
Guam is an unincorporated territory of the United States ceded to the United States by the Treaty of Paris which ended the Spanish American War in 1898. The Guam government and courts system was established by an act of the U.S. Congress. A divorce granted by a Guam court, including inclusive property and custody agreements, is recognized by the 50 United States and other jurisdictions of the United States. See U.S. Code, Title 28 §1738. Guam courts will grant a divorce to citizens of countries other than the United States who otherwise satisfy requirements described below; however, non United Sates residents should consult the laws of their country to determine if a U.S. divorce will be recognized.
(ed. note, please don’t write and ask me if a divorce from Guam would be recognized in Australia, the UK or one of the other 197 or so countries in the world. You need to do your own research on that. It may very well be recognized where you call “home”, then again, it may not)
So How Much Would One Of These “Magic” Guamanian Divorces Cost?
The basic uncontested no-fault divorce in Guam starts at about $1,500 USD, not counting the cost to fly to Guam and spend a week at some beach resort (or some cheaper hotel). I have certainly heard of people getting cheaper divorces in the USA, but I know that in my own case, as an example, completely uncontested in Colorado, my ex-wife and I together spent nearly $25,000 USD by the time everything was settled. $1500 would have sounded pretty good to me at the time.
Good article, Dave! I agree that no divorce is the better way to go, but that’s not terribly realistic in a number of circumstances. It sounds like a good solution for some.
Btw, in my entire life, I spent one day in Guam. I was in the Navy and we pulled in unexpectedly. Only spent one night and I happened to have duty, so I never even got off the boat. Would like to get back to take a look.
If you are retired military (that is with base privileges) then I highly recommend it. The bases are uncrowded, the staff are friendly and there are no restriction on retiree benefits such as one finds in countries like Japan, Korea, Germany and such. See a doc, fill up on your prescriptions (including prescriptions for the mail order pharmacy for a year,
Aside from us military folk though, Guam does not have a lot to offer … it’s high cost and it’s a very small place both on size and population, so there isn’t a lot there in terms of tourist facilities and attractions.
Dave,
The biggest winners in most divorces are the lawyers.
Perhaps you are right in saying “most” but certainly now “all”. In my divorce my lawyer saved me his modest fee back in the first year of divorce and for the past 12 years I’ve saved that much and more over what I was going to have to pay when my ex and I were planning to do it ourselves and save the lawyer fees. In my case I got a pretty damn good rate of return on the money I paid my lawyer, for sure.
Please everyone let’s not let this discussion go off on a tangent like my last post where I tried to simply point out a way to get more money out of Social Security for your spouse.
I amnot advocating divorce, I’m merely pointing out a very simple way people who think they need one can save alot of money and time.
most guys i know whom are married to a pinay living in the ph whom wanted to end their marriage from spouse and couldnt just moved away to another island and found another woman.Another man paid off his wife to just leave him alone.My good friend in lapu lapu has filed for anulment and he has been in process for 2 years and to court 4 times and 2 of the times the judge didnt have time for his case on appointed date so it just gets kicked down the road.
If your friend is a foreigner, he should consider going to some country with “quick y” divorce, like Guam, filing and obtaining the divorce there and then, if she wants to, his ex can file here for a recognition od the divorce … much cheaper, simpler and quicker than an annulment.
If he’s a Filipino, then sorry, he’s stuck with the Philippine’s medieval marriage laws.
Dave,
Great information. I would like to add something to this. If the marriage is contracted outside the Philippines the Philippine government will honor a divorce granted by that country thus leaving the Filipino citizen free to remarry. This is my understanding of Executive Order 209 Chapter 1 Article 26 which was later amended by executive Order 227. In this case there would be no need to petition the courts for an annulment. See below.
Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)
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. (As amended by Executive Order 227)
I’m not certain how many folks in the Philippines wanting a divorce would fall into this category but someone out there may find this information useful.
Regards,
Jeff
hi Jeff.
sorry but I want to clarify my understanding. it would be a real help for me. Based on what you posted. a Filipino doesn’t need to go through court in Philippines if I had a divorce paper from abroad.
Please help me out with my situation. Were married here in PH with an American guy… our marriage solemnized in US embassy Europe as we live there first then live back to US when he finished his job.
We get divorced in US. I got divorce paper. Im back now in Philippines and want to marry with my britt boyfriend. what is the process then or procedure I need to do to get CENOMAR (certificate of no marriage)
they saying I still need to go court and process like annulment to recognized my divorce here in PH.
I really need my CENOMAR or any valid docs to prove im divorce and no longer living with my husband.
I just gave birth and I cant even register/apply for my babys passport in Brittish embassy because of my marriage issue.
any help guys. I really appreciate.
You must go to court to have the divorce recognized in the Philippines. As long as he applied for the divorce it should not be a problem. If you filed for divorce, then you won’t be able to get it recognized here in the Philippines.
Wow,only 6 comments,everyone must be happily married,LOL
I hope so, Scott, I hope so. Divorce is a lot like a root canal … sometimes it becomes necessary but ever so much nicer never to need one.
Question: Let’s say the foreigner goes back to his home country and divorces his Filipina wife, then the divorce decree is recognized by a Philippines court and both parties are single again and free to re-marry anywhere in the world, including the Philippines (is this correct so far?)….now….what if they have a child who is still a minor? How is child custody determined? I’m sure the Philippines would not recognize child custody awarded by another country. How does the foreigner get custody of his child?
Well your question is a good one, and there is no easy answer. Assuming you get a divorce in the USA, as you asked, the court where you file for the divorce is going to have to be satisfied as to what arrangements are made regarding the children in that matter. There are 51 different US laws regarding divorce, as there is no “US Law”, only the laws of the individual states, the district of Columbia, and (oh yeah, correction, 53 if you count Guam and Puerto Rico).
Now whatever the court in the US decrees as to the children … custody, support, property rights, etc., is 100% NOT enforceable in the Philippines. No US court has any power within the nation of the Philippines and the US Embassy can not do anything to enforce US court rulings.
So, if you and your spouse/ex-spouse can not agree mutually on child custody matters, then you must enter into the Philippines legal system and file a case there. No way of knowing but obviously, the Philippine courts are not going to be eager to take a Filipino child away from his mother and overseas, outside Philippine jurisdiction.
Sorry but I know no easy answers, this one really requires a good lawyer on both sides “of the pond”.
You had some well thought out points and I appreciate your reply. No easy answers, that’s true. But I’m wondering if you know anyone who has been through this situation. Do you think child custody matters would be brought up at all during the petitioning to the Philippines court for recognition of the US divorce decree if neither the mother nor the father bring it up themselves?
Hi,
Just wanna ask about the whole process of divorce in Philippines. We get married in Philippines and solemnized overseas through US embassy in Europe as my spouse work as civilian in the army. Moved to US as my spouse finish the term and leave for 3 years. Our relationship didn’t work so we get divorce. Back to Philippines and divorce need to be recognized by Philippine court.
I have my original copy of my divorce papers. they saying that I need my divorce paper authenticated in near respective PH embassy in US before filing it here in Philippine court?
Is there any way I can do it myself without paying ridiculous price and wait years for me to get free from my marriage?
I really appreciate any replies.
Thanks,
Jaj
Everybody wants “easy, cheap, and quick”. If I could only sell such a solution, life would be great. Sorry, but I don’t have that product ready for market.
As a Philippine citizen you must follow the law of the Philippines. Wish I could offer more help.
Hi,
i got married to a Filipino girl last summer in the Philippines and now we both think that we could never work things out as we hope things to be. She’s still in the Philippines and i want a divorce. I live in Massachusetts. What can i do to file a divorce and remarry with my Vietnamese girlfriend?. Please help me.
Thank you!
Hung,
Thanks for contributing. If you feel divorce is the best solution, you can file for a divorce any time in Massachusetts. See
: http://www.masslegalhelp.org/children-and-families/divorce-separation-basic-info
It doesn’t matter where you were married, in the US you follow the rules of the State in which you are a legal resident. Best of luck.
I’m thinking about marrying my Filipina girlfriend in Davao and making that my home with her. I’m 45 and a divorce would ruin me financially and make retirement nearly impossible.
If in the unforeseeable future she wanted a divorce, could she divorce me and sue me for spousal support in the United States? Let’s assume that I did not ever sponsor her to come to the US, etc., but that the marriage was legal and properly done in the Philippines.
Would it be possible for her to hire an attorney in the US and start legal proceedings? Is it possible she could be successful?
Thank you in advance!
Thanks for contributing, Dan. Nothing I like better than a man who plans ahead … mainly because I’ve always been so bad at it myself. First of all, remember I am not an attorney, and the following is my personal, non-professional opinion only. Every case is different and YMMV (Google that, those of you who are unfamiliar with the term)..
Re-reading your question I see a lot of issues and I don’t see how a simple comment response can do it justice, so I’ll write this up in a regular article here which should appear soon. It will be of interest to many other guys in similar situations as well.
The short answer is, it’s virtually impossible for her to do what you are envisioning … but stay tuned for a more informative discussion …
i married a very sweet filipino woman we are so happy now i found out a marriage i was in thirty years before was never finished i will be divorce legally in dec.27 of this yr my marriage with my phil bride is no good i have to straighte this out so i can find a way to be able to petition her to america we are just sick about this i don’t have much money to pay for the rediculous cost here filed for annulment in usa friend did for me no charge but i don’t think it’s anygood in phil so that we can remarry any advise would help
Hello I just found out your website just this time: If you still active this website I have something to ask: It is all about my boyfriend. I supposed to go singapore to work but, One of my friend told me meet the retired marine (foreigner ) which he is my boyfriend now. My boyfriend is still married to a filipina for almost 8 years now but they don’t live together for long time since the wife was cheated on him and she only want money from him and stubbed his chest that forced him out, they have one child. My boyfriend wanted to divorce his wife since we been together. They are married in USA, which the woman is not US citizen. And after one year marriage in USA they came back in Philippines and stayed til they separate. My question ? : My boyfriend can file a divorce to GUAM?If possible, Does his wife need to sign for divorce ? They have one child. Does my boyfriend can still get a divorce since he found out that his wife don’t wanna sign divorce and his wife told him he could not get divorce her ,once she doesn’t sign because there is child involve.. Please help me to solve this problem i wanna find out if what could i do next. I don’t wanna stuck with my boyfriend if there is no possible he couldn’t get divorce.
Better re-read this article. It lays out what a Guam divorce can and can not do. Guam divorces really only work if both the marriage partners agree (apparently they do not in this case) and if there are o child custody and child support issues involved (which it seems there are).
So I don’t know what help I can offer. I wonder hwy you are so anxious to marry a man who would just desert his child … what will happen 5 years down the road when you have a child with him and he meets somebody younger? Godspeed.
I married a Filipina in 2013 in the Philippines. I never reported that marriage to the US. Do I even need a divorce?
If you don’t want to be married any more you either need a divorce or an annulment.
Marcos,
What Bob said. I get these questions all the time, along the lines of “if nobody knows do I need to fix this”? Kind of like the old question of if a tree falls in the forest with no one around, is there a sound?”
If you want to ignore a valid marriage and hope that n one ever finds out, who am I to tell you know. But the marriage exists even if you did not “report it” … what you do about that fact is totally up to you. But a marriage will not “cease to exist” because you want it to, sorry life doesn’t work that way.
Hi all, regarding Mr. Marcos’s problem and question about divorce or annulment here in the Philippines is kind of hard or difficult to do or work on here in the Philippines because of a very long process of what I heard from others and expensive. My life and experience about wife and divorce is maybe almost the same with you at present?
I was divorced in the USA before coming to the Philippines to help me forget the sadness of my divorced! I met a Filipina woman here in the Philippines some times in 2010. we got married shortly in the Philippines and lived together. I went back to the USA for a short stay and came back again to the Philippines on 2012. After a short few months of being together with my new well to do Filipina wife in Cebu City, she started to show me some weird behaviours,like texing with some body in the middle of the nights or very early 2 AM, almost daily, conversations on the cel phns secretly, always turned her back from me on our bed time, and news from our local friends about her datings and so on, which I lightly ignored for peace of our togetherness, but one late evening, suddenly she got so jelluose of me while I was txing with my daughter in the States and started yelling at me and cussing for no big reason to be at all? and suddenly, she became so violent and assulted me and tried to hurt or kill me with a knife she had on her hand that moment and stabbed me that i avoided but got cut on my hand. I went to the local police station immediately and blotter the matters and I went to a government hospital and had a medical attention and a written medical report.
I left our place and never went back again to our place in Cebu City, and now, I am very happy with out her, even if it is not a legal separation!
If an American and a Filipna got married in the Philippines, is it possible for them to have a divorce?
Jeni,
Yes, of course they can. n If the foreigner is the one who files the divorce and if he files it in a country which has divorce. (which means any country _except_ the Philippines. That’s what this article is all about.
Im married in USA to a filipino citizen, too, when we are working in US. When we return to Philippines our family decided to be married again here in our own country. Now its more than 10 years since we get separated. He is living with other woman now with one child. And I want my freedom to marry a foreigner. Can I get a divorce in Guam and marry a foreigner in other country and not here in the Philippines? Please help me enlighten my mind. Thanks!
I was married here in the Philippines (2012) and we have no children or property together. I understand if I go to Guam, I only need to be there 7 days before I file and can leave the next day? Then the divorce would be grant in how many days? Does this require anything from my Filipino spouse?
Roger, the divorce in Guam is granted in 7 days… final … that’s it. Only one spouse has to meet the Guam residency requirements. BUT this is for “Uncontested divorces”, that is, where both sposuses agree. “Contested” divorces, where only one party agrees, can take 90 days or more. See:
Just type “Guam divorce” into Google and you’ll find a number of Guam-based lawyers who can give you proper counseling on this … an informal Internet forum in a third-party country is a pretty poor choice for Legal advice, IMO
Correction. I was wrong on the total time of 7 days. That is all the time you are requited to be present in Guam. The court’s final order usually take 30 to 45 days. See:
http://www.guamdivorce.us/
Our other sources.
DAVE AFTER MANY TRIPS
(OVER 20) TO THE PHILIPPINES TO SEE MY THEN FILIPINA GIRLFRIEND SINCE 2008 , I (AMERICAN) MARRIED HER IN 2012 IN SARASOTA FLORIDA ONCE WE ARRIVED THERE ON A K1 . . TWO DAYS LATER FLEW TO COSTA RICA WHERE I LIVE AND HAVE MY PERMANENT RESIDENCE. HOWEVER I ALWAYS THOUGHT THAT SHE WAS STILLEMOTIONALLY AND POSSIBLY PHYSICALLY INVOLVED WITH AN OLD BOYFRIEND AND A LOT OF DISTRUST EVENTUALLY OVER TIME COMPLETELY DESTROYED OUR RELATIONSHIP. SHE HAS A NOW 7 YEAR OLD SON AND WE HAVE A 3 YEAR OLD DAUGHTER WHO WAS BORN HERE IN COSTA RICA. MY WIFE WENT BACK TO THE PHILIPPINES IN 2013 AND WANTED 3 MONTHS THERE BEFORE RETURNING TO COSTA RICA TO PERSUE HER PERMANENT RESIDENCE BASED ON OUR DAUGHTER BEING BORN THERE. OUR DAUGHTER ALSO HAS HER USA CITIZENSHIP FROM THE USA EMBASSY IN COSTA RICA. BUT BECAUSE I FLY STANDBY (RETIRED FROM A MAJOR AIRLINE WITH FLYING BENEFITS) I FOUND MYSELF UNABLE TO FLY TO THE PHILIPPINES AFTER THE 3 MONTHS I AGREED TO AND HAD TO ARRIVE 3 WEEKS EARLY. WHEN I ARRIVED I TRIED TO CALL HER AND GET THE ADDRESS SHE WAS AT BUT SHE REPLIED THAT IT WAS A SECRET AND NO ONE KNEW WHERE. SHE SAID SHE WOULD COME TO ME IN A WEEK. I IMMEDIATELY STARTED TO THINK SHE WAS WITH HER OLD BOYFRIEND AND GOT A HOTEL ROOM IN MALATI. THAT NIGHT I GOT DRUNK AND ATE DINNER IN A LITTLE PEOPLES RESTAURANT AND BAR. THIS WAS NOT A PICKUP BAR WITH PROSTITUTES. THE BAR MANAGER AND I STARTED UP A CONVERSATION AND ONE THING LED TO ANOTHER. MY WIFE FOUND OUT A WEEK LATER WHEN SHE CAME TO ME. I FLEW BACK TO COSTA RICA AND RETURNED WHEN THE OTHER GIRL TOLD ME SHE WAS PREGNANT. I HONESTLY BELIEVED IT WAS MINE SO I DECIDED TO STAY WITH HER SINCE MY WIFE HAD NO INTEREST ANYWAY. THE BABY BOY IS REGISTERED WITH MY LAST NAME, BUT AFTER THE US EMBASSY WANTED A DNA, IT WAS DETERMINED THAT IT WAS NOT MINE. IN REALITY THE FATHER IS THE FATHER OF HER OTHER 2 CHILDREN WHO ALONG WITH HIS RICH MOTHER WANTED NOTHING TO DO WITH HER AND SHE AGREED TO A COURT ORDER TO HAVE ONLY VISITATION RIGHTS WHICH WERE RARELY ALLOWED. WE ALL FLEW BACK TO COSTA RICA THROUGH MEXICO BECAUSE SHE DID NOT HAVE A USA VISA. NOW AFTER 2 YEARS I WANT A DIVORCE FROM MY WIFE WHO RECEIVES OVER $1000 PER MONTH FROM ME BECAUSE I AM ON SOCIAL SECURITY AND MY DAUGHTER RECEIVES THIS AMOUNT EVERY MONTH DEPOSITED INTO MY ACCOUNT TO DO WHATEVER I WISH WITH IT UNTIL SHE IS 18. NEEDLESS TO SAY MY WIFE IS ABLE TO LIVE A VERY COMFORTABLE LIFE WHICH I FEEL GOOD ABOUT DUE TO THE FACT SHE CAN PROVIDE FOR OUR 2 CHILDREN. I COULD HAVE ELECTED TO SIMPLY DEPOSIT ALL OF OUR DAUGHTERS MONEY INTO A SPECIAL ACCOUNT AND SAVE IT FOR HER WHEN SHE IS 18 WHICH WOULD POSSIBLY AMOUNT TO OVER $400000 PRINCIPLE AND INTEREST. BUT I AGREED TO SEND HER THE MONEY MONTHLY WITH NOTHING MORE WANTED FROM ME.
THE WOMAN I AM WITH NOW MAKES ME VERY HAPPY. I HAVE HER IN A PRIVATE ACADEMY FOR SPANISH ALONG WITH OTHER THINGS I WANT TO PROVIDE FOR HER SUCH AS GUITAR AND VOICE TRAINING AS WELL AS MAKEUP AND MANICURING. THESE ARE THINGS SHE CAN ALWAYS TAKE BACK TO THE PHILIPPINES SHOULD SHE EVER WANT TO GO BACK SHOULD I DIE. I AM 69 BUT IN VERY GOOD HEALTH AND MOST PEOPLE THINK I AM NOT OVER 50. PLUS SHE WANTS TO STAY HERE AND NOT RETURN TO THE PHILIPPINES EXCEPT FOR FUTURE VISITS TO SEE FAMILY NOTHING LIKE WHAT MY WIFE PULLED ON ME. HOWEVER, SHE WANTS TO MARRY ME AND KNOWS THAT I CANNOT WITHOUT COMMITING POLYGOMY WHICH I WILL NOT DO. MY WIFE HAS NOT REGISTERED OUR MARRIAGE WITH CENOMAR AND THUS THE PHILIPPINES HAS NO RECORD AND CONSIDERS HER SINGLE. SHE USES HER MOTHERS ADDRESS IN QUEZON CITY FOR EVERYTHING EVEN THOUGH OUR SON IS WITH AN AUNT IN JULITA NEAR NAVAL ATTENDING SCHOOL. WELL IT IS A LONG BUT VERY SAD BUT TRUE STORY. I KNOW THAT THE DOMINICAN REPUBLIC HAS QUICKIE DIVORCES BUT THEY ARE NOT RECOGNIZED IN ALL OF THE STATES. COSTA RICA IS A GOOD OPTION BUT WILL TAKE ABOUT A YEAR. FLORIDA REQUIRES 6 MONTHS RESIDENCY BY ONE OR BOTH BEFORE FILING AND MY WIFE NEED NOT BE PRESENT. I HAVE NOT TALKED TO HER ABOUT THIS BUT THINK SHE WILL BE WILLING TO GO NO FAULT. SHE HAS ALREADY TOLD ME SHE WOULD NOT AGREE TO ABANDONMENT. DO YOU HAVE ANY SUGGESTIONS.
@ Richard
Wow what a story. It’s extremely difficult to read because you chose to comment in ALL CAPs, and there are no paragraphs. I’ve chosen to copy it over here and break it up for my own benefit (and that of other readers), otherwise I am not even are I understand all you are trying to say.
DAVE AFTER MANY TRIPS
(OVER 20) TO THE PHILIPPINES TO SEE MY THEN FILIPINA GIRLFRIEND SINCE 2008 , I (AMERICAN) MARRIED HER IN 2012 IN SARASOTA FLORIDA ONCE WE ARRIVED THERE ON A K1 . . TWO DAYS LATER FLEW TO COSTA RICA WHERE I LIVE AND HAVE MY PERMANENT RESIDENCE.
==>> So just for the record then, your wife abandoned her claim for permanent residency in the USA, correct?
HOWEVER I ALWAYS THOUGHT THAT SHE WAS STILLEMOTIONALLY AND POSSIBLY PHYSICALLY INVOLVED WITH AN OLD BOYFRIEND AND A LOT OF DISTRUST EVENTUALLY OVER TIME COMPLETELY DESTROYED OUR RELATIONSHIP. SHE HAS A NOW 7 YEAR OLD SON AND WE HAVE A 3 YEAR OLD DAUGHTER WHO WAS BORN HERE IN COSTA RICA.
MY WIFE WENT BACK TO THE PHILIPPINES IN 2013 AND WANTED 3 MONTHS THERE BEFORE RETURNING TO COSTA RICA TO PERSUE HER PERMANENT RESIDENCE BASED ON OUR DAUGHTER BEING BORN THERE. OUR DAUGHTER ALSO HAS HER USA CITIZENSHIP FROM THE USA EMBASSY IN COSTA RICA. BUT BECAUSE I FLY STANDBY (RETIRED FROM A MAJOR AIRLINE WITH FLYING BENEFITS) I FOUND MYSELF UNABLE TO FLY TO THE PHILIPPINES AFTER THE 3 MONTHS I AGREED TO AND HAD TO ARRIVE 3 WEEKS EARLY. WHEN I ARRIVED I TRIED TO CALL HER AND GET THE ADDRESS SHE WAS AT BUT SHE REPLIED THAT IT WAS A SECRET AND NO ONE KNEW WHERE. SHE SAID SHE WOULD COME TO ME IN A WEEK. I IMMEDIATELY STARTED TO THINK SHE WAS WITH HER OLD BOYFRIEND AND GOT A HOTEL ROOM IN MALATI. THAT NIGHT I GOT DRUNK AND ATE DINNER IN A LITTLE PEOPLES RESTAURANT AND BAR. THIS WAS NOT A PICKUP BAR WITH PROSTITUTES. THE BAR MANAGER AND I STARTED UP A CONVERSATION AND ONE THING LED TO ANOTHER.
==>> So “one thing led to another” means you had an affair with this second woman, yes?
MY WIFE FOUND OUT A WEEK LATER WHEN SHE CAME TO ME. I FLEW BACK TO COSTA RICA AND RETURNED WHEN THE OTHER GIRL TOLD ME SHE WAS PREGNANT. I HONESTLY BELIEVED IT WAS MINE SO I DECIDED TO STAY WITH HER SINCE MY WIFE HAD NO INTEREST ANYWAY. THE BABY BOY IS REGISTERED WITH MY LAST NAME, BUT AFTER THE US EMBASSY WANTED A DNA, IT WAS DETERMINED THAT IT WAS NOT MINE.
==>> Sad. So many men rant and rave about the Embassy wanting DNA tests so often these days, but there IS a reason for it, sad to say.
IN REALITY THE FATHER IS THE FATHER OF HER OTHER 2 CHILDREN WHO ALONG WITH HIS RICH MOTHER WANTED NOTHING TO DO WITH HER AND SHE AGREED TO A COURT ORDER TO HAVE ONLY VISITATION RIGHTS WHICH WERE RARELY ALLOWED. WE ALL FLEW BACK TO COSTA RICA THROUGH MEXICO BECAUSE SHE DID NOT HAVE A USA VISA.
==>> So both your wife and your GF are back in Columbia now? Not really important to what I’m going to say later, just curious.
NOW AFTER 2 YEARS I WANT A DIVORCE FROM MY WIFE WHO RECEIVES OVER $1000 PER MONTH FROM ME BECAUSE I AM ON SOCIAL SECURITY AND MY DAUGHTER RECEIVES THIS AMOUNT EVERY MONTH DEPOSITED INTO MY ACCOUNT TO DO WHATEVER I WISH WITH IT UNTIL SHE IS 18. NEEDLESS TO SAY MY WIFE IS ABLE TO LIVE A VERY COMFORTABLE LIFE WHICH I FEEL GOOD ABOUT DUE TO THE FACT SHE CAN PROVIDE FOR OUR 2 CHILDREN. I COULD HAVE ELECTED TO SIMPLY DEPOSIT ALL OF OUR DAUGHTERS MONEY INTO A SPECIAL ACCOUNT AND SAVE IT FOR HER WHEN SHE IS 18 WHICH WOULD POSSIBLY AMOUNT TO OVER $400000 PRINCIPLE AND INTEREST. BUT I AGREED TO SEND HER THE MONEY MONTHLY WITH NOTHING MORE WANTED FROM ME.
THE WOMAN I AM WITH NOW MAKES ME VERY HAPPY. I HAVE HER IN A PRIVATE ACADEMY FOR SPANISH ALONG WITH OTHER THINGS I WANT TO PROVIDE FOR HER SUCH AS GUITAR AND VOICE TRAINING AS WELL AS MAKEUP AND MANICURING. THESE ARE THINGS SHE CAN ALWAYS TAKE BACK TO THE PHILIPPINES SHOULD SHE EVER WANT TO GO BACK SHOULD I DIE. I AM 69 BUT IN VERY GOOD HEALTH AND MOST PEOPLE THINK I AM NOT OVER 50. PLUS SHE WANTS TO STAY HERE AND NOT RETURN TO THE PHILIPPINES EXCEPT FOR FUTURE VISITS TO SEE FAMILY NOTHING LIKE WHAT MY WIFE PULLED ON ME.
HOWEVER, SHE WANTS TO MARRY ME AND KNOWS THAT I CANNOT WITHOUT COMMITING POLYGOMY WHICH I WILL NOT DO. MY WIFE HAS NOT REGISTERED OUR MARRIAGE WITH CENOMAR AND THUS THE PHILIPPINES HAS NO RECORD AND CONSIDERS HER SINGLE. SHE USES HER MOTHERS ADDRESS IN QUEZON CITY FOR EVERYTHING EVEN THOUGH OUR SON IS WITH AN AUNT IN JULITA NEAR NAVAL ATTENDING SCHOOL. WELL IT IS A LONG BUT VERY SAD BUT TRUE STORY.
I KNOW THAT THE DOMINICAN REPUBLIC HAS QUICKIE DIVORCES BUT THEY ARE NOT RECOGNIZED IN ALL OF THE STATES. COSTA RICA IS A GOOD OPTION BUT WILL TAKE ABOUT A YEAR. FLORIDA REQUIRES 6 MONTHS RESIDENCY BY ONE OR BOTH BEFORE FILING AND MY WIFE NEED NOT BE PRESENT. I HAVE NOT TALKED TO HER ABOUT THIS BUT THINK SHE WILL BE WILLING TO GO NO FAULT. SHE HAS ALREADY TOLD ME SHE WOULD NOT AGREE TO ABANDONMENT. DO YOU HAVE ANY SUGGESTIONS.
==>> Sure, I have a suggestion. For you to become legally free to marry again, you would do well to think about a Guam divorce. It’s recognized in all 50 US states, simple, cheap, no-fault and only requires as little as 7 days in Guam (which is, after all, on the way to the Philippines). This should make you 100% free to marry. Godspeed.
I am not sure about my wifes plans on her Costa Rican residency (not colombia).
Yes she has pretty much given up on the USA
No. Just my girlfriend and I and her son are together here in Costa Rica
Hi nice article.
My girlfriend is still married in the Philippines, both herself and her ex are filipino citizens.
Is it possible for my girlfriend to go to Guam and file for a divorce there since her ex has no issues with signing the divorce papers.
I am a british citizen and would like her to come join me with a fiance visa so that we can get married in UK.
Please advise thanks!
Hi Vito,
Thanks for the kind words. Sorry this response took a while, I don’t write for Bob any more so I don’t get by this way all that often.
The article apparently wasn’t “nice” enough becuase you missed an important fact. A Filipino citizen is forbidden by Philippine law to get a divorce, anywhere in the world. Thus, even should she get a visa to travel to Guam (not easy since Guam is US territory), the divorce would not be recognized by the government of the Philippines.
Then, if you try to get her a Fiancee’ visa for the UK, she fails the most important prerequisite of a Fiancee’ … she’s not free to marry.
Her only legal option that I know of is to get a civil annulment under the laws of the Philippines. Without that she’s still married.
And if, by hook or by crook she somehow gets into the UK and marries you, she has then committed the crime of bigamy under Philippine law. This leaves her open for criminal prosecution by the Philippines and leaves both of you open to charges of adultery filed by her current husband. You should read this article telling a bit of the tale of woe of a fellow Brit who figured the fact his girl friend was still married did not matter:
http://philfaqs.com/making-it-hard-on-yourself-in-the-philippines/
I filed a divorce in the US then went back to Manila, we are both filipino citizen. I personally talk to my spouse since we are separated for 3 years but he doesn’t want to sign the papers. All I know is that if he is served 3 times, the divorce will still go through. My question is, can I just use the US address where I lived to serve the papers? Since there is no hope that he will sign the papers anyway?
@ Jane
Thanks for writing in. I’m not sure just what advice I can offer you. Since you and your estranged husband are both Filipino citizens a divorce is pretty much a waste of time … the Family Code of the Philippines does not permit Filipinos to file for divorces.
Regarding the rules on serving the papers on your husband? Everything depends upon the laws of the state in which you files the current divorce case. Some states allow just what you are suggesting … proof of mailing to the last known address of the respondent. Others are more restrictive, requiring service of the papers in person. Also different states may allow the divorce to proceed without the acknowledgement of the respondent.
There are 50 US states and thus 50 different laws on divorce, there is no single US Divorce Law, so really the only solution I could recommend is consulting your attorney, in the state in which you filed the case. You really need competent legal advice here. Godspeed.
I am divorcing my Filipina wife now, I am an American working overseas. I am filing for Divorce in the Marshal Islands, as that is where I live and work. I just want to make sure the money I am spending is not going to waist. I know a number of Americans who have had their divorces here in the Marshal Islands. And that the US does accept them. Will the Philippines have a problem with an American getting the Divorce in the Marshal Islands?
@ Trollatc
Thanks for writing in. This is one of those situations where I am completely in over my head. I have never heard of a Marshall Islands divorce _not_ being accepted on any US state. Apparently, you have. In my layman’s personal opinion (NOT legal advice) you certainly are wasting your money if the divorce is not going to be accepted in the USA. But the Marshall Islands are now an independent republic, no longer US territory, so all I can say is, you need a lawyer.
Now, the second part of your question … will the Philippines have a problem? I don’t fully understand. The Philippines has no say in the laws of other countries. If you, yourself, get a legal divorce, you are free to marry in the Philippines. Your current Filipina wife, however, will not be divorced. She needs to file a court case in the Philippine courts to recognize the divorce, obtained via a foreigner (you). Godspeed.
No, I know the US will accept the Divorce from the Marshal Islands. Just worried the Philippines mite have an issue with my divorce since it is not from the country of my citizenship.
OK, no problem. If you are a US citizen and you have a legal divorce, from any country, you should have no problem in marrying in the Philippines.
Thanks. Now I just need my soon to be ex to stop dragging her feet.
Hi Dave!
I’m a filipina and married with a US citizen in the US. We both agreed to go through the divorce process(both agreed uncontested)He is in the US right now. He always told me that he has no money so I send the 200 dollars (filing fee) to him to start it since I don’t have the power or access to do so. He said he’s going to start but weeks are passing by, he just jeep breaking his promises. Is there a way I can start with it? I’m here in the PI by the way.
Please help me as I really want to be free.
Regards,
ADC
@ ADC
Sorry to hear of your situation. I really don’t know what to recommend for your next course of action. I’m not a lawyer but I know a lot about US “no fault” divorce laws, and almost all of them require the person who files the divorce to be in the stat where they file, and some states require both parties to the marriage to reside in that sate for some time period.
All I can advise personally is,
A. Don’t send this guy any more money and
B., See an attorney.
If I may add this… and also with the caveat that I am not a lawyer…
If Lyn does file for the divorce heself, the Philippine Government won’t recognize it since she is a Philippine citizen. If her husband files, then she can get it recognized by the PH govt and she will then be free to remarry in the future.
Bob is right, if he files, she needs to give all paperwork to the Philippine court for approval. And she will be free to remarry. But, he must file and she will need certified copies of all paperwork.
Hi, I am a Filipina and got married here on Guam. He’s from here. Unfortunately, we weren’t able to make our relationship work and now we would like to file for a divorce. I would like to go back to the Philippines soon too. Once I get the divorce paper here on Guam , do i need to file for anything too in my country since were not able to report our marriage to the Philippine Embassy here on Guam anyway?
@ Carol
Can a none Filipino spouse who was married in the Philippines to a Filipino after ending the marriage (divorce) in the country of birth of the none Filipino spouse get remarried in Philippines to a Filipino? If yes, what should the none Filipino spouse do after a divorce in his/her country of birth? Should the divorce decree / declaration be presented in Philippines to secure a wedding license?