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


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Jess Bartone

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 :)

 

It should be fairly straight forward, they both want the same thing, freedom to "move on", no blame, no fights, no claims, just freedom.

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Brucewayne

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?

 

Most states require at least 6 months residency, but Nevada used to be able to give quickie divorces for non residents.

It may be worth checking into.

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Brucewayne

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

 

I didn't see this one, sounds fair.

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

Agree getting a cenomar is difficult, lots of hoops and paperwork.

 

But also  the guy needs some docs if he is to marry in the RP, I was just letting 'him' know that it is relatively easy.

Edited by hitman
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shadow

Agree getting a cenomar is difficult, lots of hoops and paperwork.

 

But also  the guy needs some docs if he is to marry in the RP, I was just letting 'him' know that it is relatively easy.

CENOMAR is now required of foreign national too, not "relatively easy" if he has a previous marriage registered with NSO.

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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.

The person Skyman was referring to is me.  My lawyer certainly is not the best in RP.  Two years ago there was a change in Family Law that made it necessary for the Filipina to file the petition for divorce recognition.  In my case the court granted my petition but the Solicitor General of the RP contested the decision as a result of the law change.  Currently we have filed our response to the Solicitor Generals objection and await the final decision.

I think you need to re-acquaint yourself with the current procedures.  Especially if you are providing the services.

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Davaoeno
I think you need to re-acquaint yourself with the current procedures.  Especially if you are providing the services.

 

 

What a novel idea !!!  haha   I would be surprised if it catches on though .   I just reread this . I thought Dragon was referring to his atty, but now I think he was referring to larry.  I did not intent my comment to refer to Larry ! 

Edited by Davaoeno
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shadow

The person Skyman was referring to is me.  My lawyer certainly is not the best in RP.  Two years ago there was a change in Family Law that made it necessary for the Filipina to file the petition for divorce recognition.  In my case the court granted my petition but the Solicitor General of the RP contested the decision as a result of the law change.  Currently we have filed our response to the Solicitor Generals objection and await the final decision.

I think you need to re-acquaint yourself with the current procedures.  Especially if you are providing the services.

Thanks. Do you happen to have a reference to this new law? I do try to stay abreast of all the new changes, but that is quite a task considering even the judges are seldom up to date.

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Jawny

The person Skyman was referring to is me.  My lawyer certainly is not the best in RP.  Two years ago there was a change in Family Law that made it necessary for the Filipina to file the petition for divorce recognition.  In my case the court granted my petition but the Solicitor General of the RP contested the decision as a result of the law change.  Currently we have filed our response to the Solicitor Generals objection and await the final decision.

I think you need to re-acquaint yourself with the current procedures.  Especially if you are providing the services.

Thanks for sharing, even if it is bad news in your situation. This sort of situation happened to me, though not with a divorce/annulment.

 

I had completed all the requirements for the adoption of our child. The judge approved the petition, it was finished. However, the way it worked in court was a local fiscal represented the SOLGEN. So, when the judge rendered his decision, the SOLGEN had an opportunity to appeal the decision. They did.

 

The process was for their objection to be filed with the court of appeals, which the SOLGEN did. However, the process now moved from the regional trial court to the court of appeals. In effect, it was now up to my lawyer to pursue why the SOLGEN had appealed the decision. We NEVER got an explanation. It ended up formally withdrawn from the court of appeals and the judge's original decison was final.

 

If I were cautioning anyone about this process, I would persist with the lawyer I originally hired to follow up. I got the impression my lawyer did not want to get involved as it was not part of the original costs for the case. In effect, he wanted to be hired to respond to the appeal. In our case, the SOLGEN never provided any explanation of what their objection was. Could have been over some error in the filings (my lawyer was very careless with how documents were prepared such as getting my date of birth wrong and showing me as a Filipino).

 

It has been my impression that the SOLGEN is more in tune with the "will of the people" than the "letter of the law".

 

Good luck

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Thanks. Do you happen to have a reference to this new law? I do try to stay abreast of all the new changes, but that is quite a task considering even the judges are seldom up to date.

I could provide a copy of the entire SOLGEN filing for a fee.  You charge a fee to your clients.  I dislike those that solicit info for free and then sell it to others. 

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SkyMan

 

 

The person Skyman was referring to is me.
Thanks for weighing in.  A lot of posts here start of "I know someone who......" and you wonder how accurate their second (third) hand info is.
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shadow

I could provide a copy of the entire SOLGEN filing for a fee.  You charge a fee to your clients.  I dislike those that solicit info for free and then sell it to others. 

Thanks, but I tend to dislike those who claim to know of a "new law" that will make a big difference in some people's lives, but refuse to disclose their sources or information regarding that law. Kind of makes me not want to believe them...

 

IF this new law exists, I will find it on my own. But at this point I must say I am skeptical.

 

Thanks.

 

 

 

 

Oh, and for the record, we have yet to charge a fee for helping someone to be free to marry, we only charge fees for visa processing.

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State Trooper

Article 26 Paragraph 2 of the Philippine Family Code clearly states that the foreign divorce is recognized for the foreigner and the Filipino is considered divorced as well when that divorce is initiated by the foreigner and it is legally obtained in his home country.

 

However in the real world, the Filipino usually needs to get judicial recognition of a foreign order such as a divorce before they can remarry here. The Philippines is under no obligation to accept foreign judgments on their citizens.

 

Try Lincoln County Washington for an online divorce, no court appearance needed and if you give them a Washington address such as even a virtual address, you qualify as a Washington resident since they have no residency requirement except for the day you file. Cost is around $200 I think and includes 2 certified decrees.

 

I was last a resident in Washington but had been living in the Philippines for a few years. I just got a lawyer there via email. He filed the case, after 3 month wait it went to court a month later I got my certified copies from the clerk of the court. Then remarried here to another Filipina.

However you don’t have to hire an attorney, there are online services that can do that for you. Just Google Lincoln County Washington divorce.

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Soupeod
Article 26 Paragraph 2 of the Philippine Family Code clearly states that the foreign divorce is recognized for the foreigner and the Filipino is considered divorced as well when that divorce is initiated by the foreigner and it is legally obtained in his home country.   However in the real world, the Filipino usually needs to get judicial recognition of a foreign order such as a divorce before they can remarry here. The Philippines is under no obligation to accept foreign judgments on their citizens.   Try Lincoln County Washington for an online divorce, no court appearance needed and if you give them a Washington address such as even a virtual address, you qualify as a Washington resident since they have no residency requirement except for the day you file. Cost is around $200 I think and includes 2 certified decrees.   I was last a resident in Washington but had been living in the Philippines for a few years. I just got a lawyer there via email. He filed the case, after 3 month wait it went to court a month later I got my certified copies from the clerk of the court. Then remarried here to another Filipina. However you don’t have to hire an attorney, there are online services that can do that for you. Just Google Lincoln County Washington divorce.

 

That is exactly where and how I did mine to my ex-American spouse.  Cost me a 200+ dollars and 3 month wait.

Edited by soupeod
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