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Getting married again... I am citizen of Philippines

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  • Getting married again... I am citizen of Philippines

    I am citizen of Philippines and live in middle east. I was once married to a US citizen in US through civil while in tourist visit, get out of US and never lived together. Can I still get married to a Filipino citizen since I decided to stay I stay in the middle east/Philippines for good?

  • #2
    Re: Getting married again... I am citizen of Philippines

    I wish to inform you that you may first take a divorce from the US citizen. As your former spouse was a US citizen, therefore, you may remarry after the divorce decree has been issued by the Court to a citizen from the Philippines.

    AFF

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    • #3
      Re: Getting married again... I am citizen of Philippines

      Originally posted by procopio View Post
      I am citizen of Philippines and live in middle east. I was once married to a US citizen in US through civil while in tourist visit, get out of US and never lived together. Can I still get married to a Filipino citizen since I decided to stay I stay in the middle east/Philippines for good?
      As I stated in my other post in the other thread:

      Originally posted by sandyclaus View Post
      Did you ever obtain a divorce from the first spouse?

      If not, then you are still married to the US citizen spouse. You cannot file for divorce in the Philippines as it is not legally allowed. You cannot file for annulment unless your US spouse is also in the Philippines and submits to Philippine jurisdiction.

      Your US spouse could file for divorce in the US, but you would have to accept jurisdiction, and a US divorce would need to be registered with Philippine courts in order to be valid. Only if your foreign divorce were properly and legally registered in the Philippines would you be eligible to remarry in the Philippines.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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      • #4
        Re: Getting married again... I am citizen of Philippines

        IF you were previously married but are now divorced, bring with you a copy (preferably an original) of the Certificate of Divorce as well as any documents from the courthouse on your marriage (Marriage Certificate) showing that the divorced person is actually the same person you were previously married to. Tax records and social security info might be good to have as well in case it is questioned. One thing you will need to do, here in the Philippines, when you are ready to get married is file for a “Certificate of Legal Capacity to Contract Marriage“. This is how you will present the Divorce Decree in order to prove you are legally free to “contract” marriage. Seek help from an expert family law attorney.

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        • #5
          Re: Getting married again... I am citizen of Philippines

          Originally posted by procopio View Post
          I am citizen of Philippines and live in middle east. I was once married to a US citizen in US through civil while in tourist visit, get out of US and never lived together. Can I still get married to a Filipino citizen since I decided to stay I stay in the middle east/Philippines for good?
          You may not marry anyone unless and until you have the first marriage dissolved. You would have to apply for annulment under Philippine law or have the US citizen dissolve the marriage by divorce or annulment -- in the US.

          A Philippine citizen may not initiate a divorce in another country and have it recognized as valid in the Philippines. The foreign spouse, however, can initiate the divorce and it will be recognized in the Philippines.

          So, you need to encourage the US citizen to file for divorce or return to the Philippines to apply for annulment if you wish to remarry.

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          • #6
            Re: Getting married again... I am citizen of Philippines

            Originally posted by AFFA View Post
            I wish to inform you that you may first take a divorce from the US citizen. As your former spouse was a US citizen, therefore, you may remarry after the divorce decree has been issued by the Court to a citizen from the Philippines.

            AFF
            A Philippine citizen may NOT apply for divorce anywhere and have it recognized in the Philippines.

            Only the foreign spouse may apply for divorce since Philippine law only recognizes annulment and does not want its citizens country-hopping to get divorces elsewhere.

            Comment

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