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Philippines resident USA citizen, requirements for USA Divorce from Philippines marriage


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Jess Bartone

A friend of mine living in the Philippines on a pension wants to get a divorce in the USA from his Filipina wife. Is he required to be resident in the USA to file for divorce?

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roadhaze

Not sure but I think he needs to  go to US to file and get his divorce. Don't think he get  a US divorce while here.

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SkyMan

I would have him check with his state of last residence as to what they require.  Just curious, is she here or in the US?  Also, if he's doing this with plans of marrying another filipina here he's opening a whole 'nother can of worms.

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Jess Bartone

They both live in Phils. The Philippines recognises foreign divorce after the decree nisi has been presented to a Filipino court together with the marriage certificate, that is not the issue.

 

He is a pensioner without a house in the US, so if he is required "Stateside" the costs will be substantial. He is trying to work out the cheapest option, given that an annulment costs up to P200,000 and is a lengthy process.

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Davaoeno

there was a thread on this subject within the last 2 months - I cant remember the thread name

 

http://www.divorcesource.com/ds/main/state-divorce-residency-requirements-807.shtml

 

State Divorce Residency Requirements

Before initiating a divorce with the courts, you need to make sure the court will have proper jurisdiction over your case. This means you must meet certain requirements. The requirements are largely based on residency. This being said, most courts require that you live in the county or parish for a specific amount of time immediately prior to filing for the divorce.

 

Choose Your State

 

 
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Nangulo

Look at Guam.  7 day residency and only one needs to sign.

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RogerDuMond

Look at Guam.  7 day residency and only one needs to sign.

 

"A "Guam 7-Day Residency Divorce" is ideal for married couples residing outside of Guam who wish to use the Guam Court system to obtain a divorce. Under Guam law, if both non-resident spouses consent to divorce on Guam, agree to the terms of the divorce, and if one spouse comes to Guam for a minimum stay of seven consecutive days and nights, they can obtain their divorce on the island."

 

http://guamfamilylawoffice.com/divorces/guam-7-day-residency-divorce/explanation-guam-7-day-residency-divorce

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SkyMan
They both live in Phils.

He may be alright then after he gets the divorce.  

 

The Philippines recognises foreign divorce after the decree nisi has been presented to a Filipino court together with the marriage certificate, that is not the issue.

Yes but...  In his case as I said, he is probably alright but it will be his X who applies for this action and after approved I 'assume' it will apply to him as well.  While not impossible, I would not think they could say that he is still married to someone no longer married to him.  I have a good friend who divorced his filipina X in CA where both of them lived at the time.  Now living here he has spent what amounts to the cost (time and money) of an annulment to get the divorce recognized and the court finally ruled that such action under RP Family law is for the benefit of RP citizens only.  His X is willing to make the application but this would amount to square one and I think he may be disgusted by the whole thing and not very willing to shell out a bunch more cash.

Edited by SkyMan
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shadow

He may be alright then after he gets the divorce.  

 

Yes but...  In his case as I said, he is probably alright but it will be his X who applies for this action and after approved I 'assume' it will apply to him as well.  While not impossible, I would not think they could say that he is still married to someone no longer married to him.  I have a good friend who divorced his filipina X in CA where both of them lived at the time.  Now living here he has spent what amounts to the cost (time and money) of an annulment to get the divorce recognized and the court finally ruled that such action under RP Family law is for the benefit of RP citizens only.  His X is willing to make the application but this would amount to square one and I think he may be disgusted by the whole thing and not very willing to shell out a bunch more cash.

Your friend needs a better lawyer! We have gotten two foreign (US) divorce recognized by Philippine courts without near the problems and cost you say he has had.

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Jess Bartone

The wife is agreeable, she does not want any settlement, and they have no kids, the Guam option will make him very happy I am sure, thanks fellas.

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SkyMan

Your friend needs a better lawyer! 

True that but the problem may be unluck of the draw as far as the judge goes.  He's member here but doesn't post a lot and may reply to this or PM you or not.

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TheWhiteKnight

 

"A "Guam 7-Day Residency Divorce" is ideal for married couples residing outside of Guam who wish to use the Guam Court system to obtain a divorce. Under Guam law, if both non-resident spouses consent to divorce on Guam, agree to the terms of the divorce, and if one spouse comes to Guam for a minimum stay of seven consecutive days and nights, they can obtain their divorce on the island."

 

http://guamfamilylawoffice.com/divorces/guam-7-day-residency-divorce/explanation-guam-7-day-residency-divorce

 

Sounds great, noted if ever I get married.

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They both live in Phils. The Philippines recognises foreign divorce after the decree nisi has been presented to a Filipino court together with the marriage certificate, that is not the issue.

 

He is a pensioner without a house in the US, so if he is required "Stateside" the costs will be substantial. He is trying to work out the cheapest option, given that an annulment costs up to P200,000 and is a lengthy process.

So they married in the RP then. (you mentioned an annulment). 

 

I married in the US (to a filipina), got divorced in Guam. When I prepared for a 2nd marraige in the RP, I had no problems getting the req'd docs from the US embassy in the RP.

 

Just thought I'd pass along my experiences , it may help.

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The wife is agreeable, she does not want any settlement, and they have no kids, the Guam option will make him very happy I am sure, thanks fellas.

As I mentioned, I got a divorce in Guam in 2012 but as it was a contested divorce, I had to stay about 10 months to complete all reqmts. I can recommend my lawyer if you wish, just message me.

 

I enjoyed Guam BTW :)

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shadow

So they married in the RP then. (you mentioned an annulment). 

 

I married in the US (to a filipina), got divorced in Guam. When I prepared for a 2nd marraige in the RP, I had no problems getting the req'd docs from the US embassy in the RP.

 

Just thought I'd pass along my experiences , it may help.

The embassy is not the issue, getting a CENOMAR from NSO is. 

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