Maybe Another Another Annulment Question??

[Old55]

Ken,

You have my respect providing for your child without regard to how you were used. Its not easy to set aside the pain and anger and think only of your child.

 

Its a fact that you may divorce in the States. Your wife has no say in this it is your legal right as an American. Once you have divorce papers you are legally allowed to remarry. You will be required to show those divorce papers if ever you remarry.

[Thomas]

She can have 100% of the home because she will raise our child there. I am providing enough cash each month for needs. I dont want the $30k back... she can have all of everything. Only looking for a way to be free and she will not agree to an annulment, I am sure.

Yes, of course she refuse to what YOU want, IF you give her what SHE want ANYWAY. That's why I say INCLUDE everything in the NEGOTIATION to get what YOU want in a written DEAL, DON'T SAY to her she will get everything she want anyway...

Remember to include in the deal your RIGHT to have enough contacts with your daughter, so your wife can't use her to force you to pay more later...

[brock]

You will have to go to the NSA and report your divorce, After that you are free to remarry in the Philippines.

Annulment will cost you a lot of time and trouble, Divorce will be much easier and less costly

.

[Thomas]

Its a fact that you may divorce in the States. Your wife has no say in this it is your legal right as an American. Once you have divorce papers you are legally allowed to remarry. You will be required to show those divorce papers if ever you remarry.

Yes. But can he remarry in PHILIPPINES then? I guess he has to do something more/else to be allowed to do that, because his wife CAN'T remarry there as long as she don't have an annulment even if he has divorced her in USA.

[Old55]

Thomas, Not his problem. :)

[Thomas]

Thomas, Not his problem. :)

Yes it is  :)   because he seem to want to marry again in the Philippines HIMSELF.

[jon1]

He could get a divorce in Guam in about 1 week. He would have to travel there and stay there while it was done. Her presence is not required. Once he has the divorce decree, he can remarry in the PI without issue.

[Thomas]

He could get a divorce in Guam in about 1 week. He would have to travel there and stay there while it was done. Her presence is not required. Once he has the divorce decree, he can remarry in the PI without issue.

Is that possible for Filipin citizens too? 

If so there are no expensive annulments needed  :)

(I mean for them, who want to marry a Filipina, who are only separated.)

[jon1]

 

He could get a divorce in Guam in about 1 week. He would have to travel there and stay there while it was done. Her presence is not required. Once he has the divorce decree, he can remarry in the PI without issue.

Is that possible for Filipin citizens too? 

If so there are no expensive annulments needed  :)

(I mean for them, who want to marry a Filipina, who are only separated.)

 

The American could get the divorce not the Filipina. 

[Call me bubba]

You will have to go to the NSA and report your divorce, After that you are free to remarry in the Philippines.

Annulment will cost you a lot of time and trouble, Divorce will be much easier and less costly

.

here is some of the info that you will need.(hope this helps)

 

you will need to  apply for a recognition of foreign judgement...

 

allow me to post the info i have seen before

(if the link to the blog is not allowed please delete.Only post of link to give credit of source)

 

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

 

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.We already have a number of discussions on this (read more here and here). In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines.

 

What are circumstances that would make Article (Family Code) applicable?

 

We have a basic discussion on Article 26 of the Family Code (click here: Divorce and Annulment in the Philippines). Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:

1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

Is this provision applicable to former Filipinos?

Yes. See the discussion here.

 

This law provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isn’t it unfair that the Filipino/Filipina can’t initiate divorce?

It may be unfair, but that’s the law, consistent with the State’s policy of not allowing divorce for Filipinos. This doesn’t mean, however, that the Filipino/Filipina has no other recourse. If the circumstances fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.

 

If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented.

This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

 

also check

http://www.pinoylawyer.org/f21-family-and-marriage

 

 

 

 

 

here is another article that can be of assisiatnce

 

to give a better picture of what can& needs be done

 

 

Philippines does not adhere to divorce for it continues to promote the sanctity of marriage.  This is usually overlooked by Filipinos abroad.

 

(important read=)They think that since they are no longer within the Philippine islands, then they are no longer subjected to its laws. This is wrong. 

Filipinos, where ever they may be, are not allowed to initiate any divorce proceedings. The better remedy is to file a petition for annulment or declaration of nullity of marriage for Filipinos Abroad.

 

How to file Petition for Annulment or Declaration of Nullity of Marriage for Filipinos Abroad?

 

                Here in the Philippines, if a petition is to be filed before a court, it must be verified and signed by the Petitioner. How, then, could this be done if the Petitioner is living abroad?

In filing a petition for annulment or declaration of nullity for Filipinos abroad, the latter must have a representative, preferably a lawyer, here in the Philippines who can draft the Petition and gather and attach all the necessary documents to substantiate the Petition.

After the drafting of the petition, of course the Filipino living abroad should verify the truthfulness of the facts stated in the Petition. So, the representative who drafted the Petition must send a copy thereof to the petitioner who is living abroad. The latter shall then, after reading and reviewing the contents, sign the petition and have the Petition authenticated before the Philippine Embassy in and for the country where he or she is currently residing.

This process is commonly known as “red-ribbon.”

Then, after the documents were authenticated by the Philippine Embassy, the petitioner living abroad must send the authenticated petition back here in the Philippines. Then, his or her representative shall file it before the Regional Trial Court having jurisdiction over the place where either the petitioner or the respondent of the case has resided for six (6) months.

Procedure After Filing the Petition for Annulment or Declaration of Nullity of Marriage For Filipinos Abroad

Although it is possible to file a petition for annulment or declaration of nullity for Filipinos abroad, it does not mean they are no longer required to be present here for the entire proceedings.

There are at least three (3) stages of the proceedings when the presence of the petitioner is required, namely: a) collusion investigation,

b)pre-trial, and

c) direct testimony.

During these stages, the petitioner must appear before the court; otherwise it may lead to the dismissal of the petition.

Although these are the only three stages required by law, there may be times when the court would still mandate the presence of the petitioner.

If however, the petitioner is really unavailable during the hearing date set by the court, then his or her representative may file a motion to archive the case and simply move for its reopening when the petitioner’s arrival becomes certain.

So in conclusion, even if it is possible to file a petition for annulment or declaration of nullity of marriage for Filipinos abroad, their attendance is still necessary for the case to proceed.

 

http://domingo-law.com/declaration-of-nullity-of-marriage-for-filipinos-abroad/

 

seems that another person has the same problem

 

i only post this question for humor and to show that KENN is not alone in his search for another pinay love

 

I’m an American. I married a filipina there in the R.P. and discovered she was defrauding me for money and a green card.

I am in the process getting an anullment based on that fraud. But now I have met another filipina that I would like to marry.

Does a foreigner need to have his marriage judicially recognized to remarry as well?

 

 

late edit, i found another answer , i will post the link as it has several replies

 

http://www.pinoylawyer.org/t12974-what-to-do-if-a-foreigner-man-married-to-a-filipina-and-then-they-filed-divorce-in-us-and-its-approved-there

 

 

Edited November 30, 2013 by Pittman apartments Sgn