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  • Anyone know a loophole?

    Hello, I'm a American dating a Filipina who has Filipino citizenship. [working on greencard] She's still currently married to her former husband because of the draconian marriage laws in the Philippines. I'm curious of any known loopholes out there to at least end her marriage from the Philippines so we can marry here in the US. I know that it's not legal in the Philippines.

    Can she send divorce papers to him in the Philippines?
    If he signs the papers, will her marriage be terminated here in the US?

    How long does annulment take generally in the Philippines?
    How much does annulment cost there?

  • #2
    Re: Anyone know a loophole?

    I wish to inform you that for citizens with passport of the Philippines, there is no valid divorce in any part of the world. She may apply for annulment of her marriage in the Family Court in Philippines. It is costly and time consuming. Once her marriage is annulled, she may marry again. Bigamy is a crime both in the United States and the Philippines. You may contact an attorney in the Philippines and seek guidance. A list of attorneys may be obtained from the US embassy/consulate in the Philippines.

    AFF

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    • #3
      Re: Anyone know a loophole?

      What about in Utah where polygamy is allowed...I think?

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      • #4
        Re: Anyone know a loophole?

        Or what if she obtains citizenship in the US?

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        • #5
          Re: Anyone know a loophole?

          Originally posted by devilduck0032 View Post
          Hello, I'm a American dating a Filipina who has Filipino citizenship. [working on greencard] She's still currently married to her former husband because of the draconian marriage laws in the Philippines. I'm curious of any known loopholes out there to at least end her marriage from the Philippines so we can marry here in the US. I know that it's not legal in the Philippines.

          Can she send divorce papers to him in the Philippines?
          If he signs the papers, will her marriage be terminated here in the US?

          How long does annulment take generally in the Philippines?
          How much does annulment cost there?
          If she doesn't plan on returning to the Philippines -- ever -- then she can file for divorce in the U.S. and the divorce will be recognized everywhere in the world except the Philippines. He doesn't have to sign the papers for a divorce to be granted in the U.S. Almost all the states have adopted no fault divorce so even if the other party contests all that is required is the petition to state "the marriage is irretrievably broken."

          She would have to send him the summons and complaint, however. it called 'notice' a requirement of due process. He can choose to answer it or not. It does not make any difference. The divorce will be granted under the laws of the state where she applies.

          The biggest problem with the annulment laws of the Philippines is that grounds are very, very narrow. If you want me to post the grounds under Philippine law, but short of insanity, a sexually transmitted disease, one of the parties was under age when the marriage was contracted, there was fraud in obtaining consent to marry, and concealment of things that go to gaining the consent gained from the injured party to marry.

          Marriage is governed under the laws of the country where the marriage was contracted. Divorces are granted under the laws of the country where the petition is filed.

          The Philippines does not recognize divorces initiated by Philippine nationals in other countries -- because considering they only allow annulment and on narrow grounds at that -- probably half the population would slip over the border, into a boat or plane, to get a divorce elsewhere.

          The bottom line is she can apply for a divorce in the U.S. and have it granted, regardless of whether the husband agrees or not. Then she would be free to marry. However, should she return to the Philippines, she would be considered a bigamist for they will not recognize the validity of the U.S. decree.

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          • #6
            Originally posted by devilduck0032 View Post
            What about in Utah where polygamy is allowed...I think?
            Polygamy is illegal in all 50 states.

            Comment


            • #7
              Re: Anyone know a loophole?

              Draconian laws? Sounds like she will screw anything with US citizenship and the ability to sponsor her.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: Anyone know a loophole?

                Originally posted by devilduck0032 View Post
                Or what if she obtains citizenship in the US?
                She can apply for divorce either as a Philippine national or wait until she is granted citizenship. The only difference is that if she waits until after she has gained U.S. citizenship then the divorce will be recognized in the Philippines as valid because she was no longer a Philippine citizen when she applied for the divorce.

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                • #9
                  Re: Anyone know a loophole?

                  Originally posted by devilduck0032 View Post
                  What about in Utah where polygamy is allowed...I think?
                  Polygamy is not allowed in Utah. The term is "bigamy", a criminal offense to have more than one spouse.

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                  • #10
                    Re: Anyone know a loophole?

                    Because of the strong influence of the catholic faith, divorce is illegal in Philippines. But people who fall in love with other man/women try to find ways to get around the rules.

                    The main way, If have enormous money, is to get marriage annulled. There are also many loopholes like getting a certification from a psychiatrist that the partner have mental disorder and that which makes him/her unable to fulfill the essential obligations of marriage.

                    You should seek an expert attorney advice in this regard who may help you.

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                    • #11
                      Re: Anyone know a loophole?

                      Yes she can file divorce in USA! People dont know what there talking about here! seems like they google info then post! She can file in USA and nobody will question her. She can do it by newspaper notice just say she dont know where is is. Dont listen to the bigamy crap! Bigamy is if you married twice in the same country. USA and Philippines dont recognize each others marriage laws.

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                      • #12
                        Re: Anyone know a loophole?

                        She can divorce in USA with no problem.

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                        • #13
                          Re: Anyone know a loophole?

                          Originally posted by axp
                          She can divorce in USA with no problem.
                          Which does nothing to change the fact she is still considered married in the Philippines, and committing bigamy and possible immigration fraud if an annulment in the Philippines is not obtained, Please stop spouting incorrect advice on these threads.
                          Due to a recent promotion, I should now be referred to as Major Obvious.

                          I would not be trying to provide information and knowledge if I did not sympathize.

                          Some days it is just not worth chewing through the restraints to face life.

                          Comment

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