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Filipina-American Divorce


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RedRanger

I finally got a reply from one of the US lawyers I emailed. The process is pretty straight forward.

Sadly, according to my Filipino Lawyer my husband should be the plaintiff for it to be recognize here in the Philippines. So in short, he should be the one filling it. Will keep pushing to get it done.

Correct, He must be petitioner in divorce to be recognized in Philippines

 

He can can get a free divorce and court will waive the cost, I think this is true in all states, Indigent Divorce

 

http://www.nccourts.org/forms/Documents/561.pdf

 

http://info.legalzoom.com/filing-divorce-papers-north-carolina-paying-court-costs-24616.html

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So, the asshole could fly to the Philippines, screw you, marry you, and make you promises that he couldn't afford to keep. Then, when he should have carried though, he dropped the ball, like a number

Maldita, sorry to hear about your situation. Read all the post but you didn't say much about your "husband". I can understand if you want to keep info private about him.   5 years ago, a young woman

I now have the authenticated documents needed for the Recognition of a Foreign Decree.  Next step is to look for a Filipino lawyer.

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batman2525

My G/F married a British guy in the Phils....then they both moved to the UK,the husband then moved to the Phils leaving his wife in the UK,after 4 years he was still in the Phils and she was in the UK,,,they decided to get a divorce but he said she would have to pay(which she did) she did it all online,it cost about £500 and took about 1 year.Maybe the OP should try an online divorce firm to see what they can recommend.

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Maldita23

My soon to be ex husband finally signed and filed our divorce. I have received, signed, and mailed the Divorce Summon to the USA. Now, I am just waiting for the Final Divorce Paper.

 

My Filipino lawyer advised me to have the divorce paper and an excerpt of the North Carolina Divorce Law be authenticated by the Philippine Embassy in the US.

I have not talk to the USA lawyer about this yet, but has anyone done this before? I am trying to figure out how I can have those two documents be authenticated by the Phil. Embassy.

 

Another concern of mine is the price of having the divorce be recognized here in the Philippines. I have consulted two Filipino lawyers and their prices are almost the same. One said it will cost me 150,000 pesos within  8 months to 1 year and the other one said it will cost me 120,000 pesos in the same span of time.

 

Does anyone know a  Filipino lawyer who could  do it cheaper? Thank You.

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Paul

 

 

Does anyone know a  Filipino lawyer who could  do it cheaper? Thank You.

 

Are you saying you will still be required to file for an annulment, even though a legal divorce will be granted in the USA? 

 

Make sure you know which city and state the divorce is granted in, JUST IN CASE your ex- decides NOT to send you a copy of the final decree. They are public record in the USA. Which means, ANYONE can ring them up, pay for x number of copies and have them mailed to them. They just have to be paid for in US Dollars, first. 

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Maldita23

Are you saying you will still be required to file for an annulment, even though a legal divorce will be granted in the USA? 

 

Make sure you know which city and state the divorce is granted in, JUST IN CASE your ex- decides NOT to send you a copy of the final decree. They are public record in the USA. Which means, ANYONE can ring them up, pay for x number of copies and have them mailed to them. They just have to be paid for in US Dollars, first. 

It is called Petition for the Recognition of a Foreign Decree.  This proceedings is similar to the proceedings in an Annulment, except that it may just take a bit shorter period as compared to an Annulment because I wont anymore need to present a psychologist and scores of witnesses. I will just have to show proof to the court that the Divorce Decree that I want to be Recognized is a valid, legal and authentic document in the country (US) where it was issued.  I may be presented to prove that I am a party in that Divorce Decree and that the other party is my husband and that  both of us have been granted divorce. Other than the Divorce Decree I need to present our  Marriage Contract to prove that indeed we have actually been validly married.  Once the court grants Recognition of our Foreign Divorce Decree, it will issue  an order and once it becomes final, I  need to bring it for registration to the local civil registrar where I filed the Petition and to the local civil registrar of the place where we got married.  After completing the registration process, I need to submit the same to the NSO in Manila so that the appropriate annotation may be made in our  Marriage Contract in the data base, thereby restoring both of us to our former civil status.

 

My USA lawyer which is also his lawyer will send me a copy of the divorce. The Divorce  costs  395 USD + 4,000P for mailing the documents to the US + 1 billion worth of stress. :) It is worth it.

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RogerDuMond

Are you saying you will still be required to file for an annulment, even though a legal divorce will be granted in the USA? 

 

 

 

 

Long story made short, it is a court order required for the NSO to put the decree in their records. This allows her to remarry in the Philippines.

Edited by RogerDuMond
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Paul

 

 

My USA lawyer which is also his lawyer will send me a copy of the divorce.

 

A bit off topic here. But, to let you know something of US Law, one of the few things I do know, is that one lawyer cannot represent both parties on a divorce. It is illegal. He either represents you, or he represents your husband. Never both.

 

Whomever paid him, I assume is who he is actually representing? So, if you paid him, he probably just contacted your husband to come into his office to sign the papers. Am I correct here?


 

 

It is called Petition for the Recognition of a Foreign Decree.  This proceedings is similar to the proceedings in an Annulment, except that it may just take a bit shorter period as compared to an Annulment because I wont anymore need to present a psychologist and scores of witnesses. I will just have to show proof to the court that the Divorce Decree that I want to be Recognized is a valid, legal and authentic document in the country (US) where it was issued.  I may be presented to prove that I am a party in that Divorce Decree and that the other party is my husband and that  both of us have been granted divorce. Other than the Divorce Decree I need to present our  Marriage Contract to prove that indeed we have actually been validly married.  Once the court grants Recognition of our Foreign Divorce Decree, it will issue  an order and once it becomes final, I  need to bring it for registration to the local civil registrar where I filed the Petition and to the local civil registrar of the place where we got married.  After completing the registration process, I need to submit the same to the NSO in Manila so that the appropriate annotation may be made in our  Marriage Contract in the data base, thereby restoring both of us to our former civil status.

 

Translation: Another way for them to get money off the backs of Filipinos. 

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Maldita23

A bit off topic here. But, to let you know something of US Law, one of the few things I do know, is that one lawyer cannot represent both parties on a divorce. It is illegal. He either represents you, or he represents your husband. Never both.

 

Whomever paid him, I assume is who he is actually representing? So, if you paid him, he probably just contacted your husband to come into his office to sign the papers. Am I correct here?

 I paid him, but he asked for my permission to represent him. You are right he can't be both our lawyer.

Edited by Maldita23
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woodchopper

i would be concerned in the legal implications of a solicitor representing both parties,,its a clear cut and possibly illegal "conflict of interest" and could well result in all sorts of legal impediments!

 

WITHOUT BEING THE BEARER OF BAD TIDINGS,,I WOULD SEEK INDEPENDANT ADVICE ON THE ABOVE!

 

my 2 bobs worth

Edited by woodchopper
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Paul

 I paid him, but he asked for my permission to represent him. You are right he can't be both our lawyer.

 

I sincerely hope, and I realize this is none of my business - that your husband has the balls to at least pay half of this. At least you have an agreement with the lawyer, hopefully in writing, that he will send you the final decree. 

 

Sorry to see you are having to go through all of this mess. 

 

Just goes to show you how screwed up foreigners can make it for a Filipino, just by walking away from the relationship. 

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bounder

 

 

Well the fact that he was previously and still married when they got married didn't help his cause either.

 

My question is (maybe it has already been asked), what procedure did you have to go through to find out he had been married previously to his marriage to your wife?  How did she know he was already married? 

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Maldita23

I sincerely hope, and I realize this is none of my business - that your husband has the balls to at least pay half of this. At least you have an agreement with the lawyer, hopefully in writing, that he will send you the final decree. 

 

Sorry to see you are having to go through all of this mess. 

 

Just goes to show you how screwed up foreigners can make it for a Filipino, just by walking away from the relationship. 

He did not pay for any of this.

I have a written agreement with the lawyer that he will send me a copy of the final decree.

 

I thanked him for all the lessons I've learned. I look at marriage now very differently, it isn't a fairy tale. I am very happy with my life now. Never been better.

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Paul

 

 

He did not pay for any of this.

 

What a prick. 


i would be concerned in the legal implications of a solicitor representing both parties,,its a clear cut and possibly illegal "conflict of interest" and could well result in all sorts of legal impediments!

 

WITHOUT BEING THE BEARER OF BAD TIDINGS,,I WOULD SEEK INDEPENDANT ADVICE ON THE ABOVE!

 

my 2 bobs worth

 

She clarified it by saying the husband was the one who was actually represented by the lawyer. 


 

 

what procedure did you have to go through to find out he had been married previously to his marriage to your wife?  How did she know he was already married? 

 

If he were married at the time she married him, her marriage could have simply been voided by the court system. Polygamy is illegal in the US and the Philippines (unless of Islamic faith).

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Salty Dog

My question is (maybe it has already been asked), what procedure did you have to go through to find out he had been married previously to his marriage to your wife?  How did she know he was already married? 

 

She didn't know when they got married. She found out later.

 

All she had to produce in court to prove he had 2 wives was a copy of both his Marriage Certificates from the NSO and his Advisory of Marriage from the NSO. Actually when you request a CENOMAR if a person is married you get the Advisory of Marriage instead of a CENOMAR.

 

If a marriage is legally terminated, it will be annotated on the Certificate of Marriage.

 

CENOMAR (Sample)

 

cenomar-1.jpg

 

Advisory of Marriage Showing multiple marriages (Sample)

 

f5.jpg

 

Certificate of Marriage with annotation along right sider.

 

recto-certified-fake-annulment-20151228-001_0E0C596144AE4D2A8C4117E2597ECBD1.jpg

Edited by Salty Dog
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SkyMan

 

 

A bit off topic here. But, to let you know something of US Law, one of the few things I do know, is that one lawyer cannot represent both parties on a divorce. It is illegal. He either represents you, or he represents your husband. Never both.

 

i would be concerned in the legal implications of a solicitor representing both parties,,its a clear cut and possibly illegal "conflict of interest" and could well result in all sorts of legal impediments!
At least as far as Ohio is concerned, a disillusionment (uncontested divorce) can only have one lawyer.  But that lawyer only represents the husband or the wife.  Everything must be agreed by both.  If there are 2 lawyers it becomes a full divorce.  It is really in the best interest of both to go that way.
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