Blog Lecture No. 62: Divorce in the Philippines

Now for a lecture on a bread and butter subject (and closest to the heart):

Is there divorce in the Philippines?

No. The only options available to Filipinos to exit a bad marriage are legal separation, declaration of nullity and annulment of marriage.

This comes from state policy:

Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this Code. (Article 1, Family Code)

What is legal separation?

Legal separation means just that. The physical separation, the separation from "bed and board" is given legal recognition and either spouse need to fulfill their mutual obligations to each other. This does not erase the obligations to the children, though. And yes, the marriage remains valid and existing.

If accompanied by a request to separate the property, legal separation also splits the property between the parties. And unless disinherited, the other party can still expect something when the other dies…
What are the grounds for legal separation?

According to Article 50 of the Family Code, these are:

(1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner;

(2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation;

(3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;

(4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned;

(5) Drug addiction or habitual alcoholism of the respondent;

(6) Lesbianism or homosexuality of the respondent;

(7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad;

(8) Sexual infidelity or perversion;

(9) Attempt by the respondent against the life of the petitioner; or

(10) Abandonment of petitioner by respondent without justifiable cause for more than one year.
What is declaration of nullity of marriage and how does this differ from an annulment?

A declaration of nullity simply states that, for grounds stated in the law, the marriage is void ab initio (void from the beginning). In a sense, there was no marriage from the start and had no legal effect.

When a marriage is declared void ab initio, all is effects are reversed to the day it was contracted. Yes, the children of this kind of marriage become illegitimate, unless the ground is psychological incapacity, where by exemption, the children are legitimate.

An annulled marriage is a valid marriage until it was annulled, also called a voidable marriage. Hence, that darn thing has legal effect up to and until the day it was annulled.

And there are instances where a voidable marriage (a marriage capable of being annulled) can be ratified (or in laymen's terms, cured and become valid marriages).

What are the void marriages?

These are:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;

(3) Those solemnized without license, except those covered the preceding Chapter;

(4) Those bigamous or polygamous marriages

(5) Those contracted through mistake of one contracting party as to the identity of the other; and

(6) Those subsequent marriages that are void because the parties failed to partition their property and deliver the presumptive legitimes to their children.

(7) Incestious marriages

(8) Marriages contrary to public policy (like marriages between steps, in-laws, adopter and adopted, where one kills the spouse to marry another, etc.)

(9) Marriages where one or both parties are psychologically incapicated to fulfill the obligations of marriage.

So what are the grounds to have a marriage annulled?

They are (Article 45, Family Code):

(1) That the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;

(2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife;

(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;

(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

(5) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or

(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable
Now for a famous question. What if Filipinos obtain a divorce abroad?

That divorce is not recognized in the Philippines because according to our laws, Philippine laws govern as regards marriages of Filipinos.

What about divorces between foreigners and Filipinos?

By way of concession, to cure a ridiculous situation, the second paragraph of Article 26, Family Code states:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

So what are the requirements for this law to apply?

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.

Two Filipinos marry in the Philippines. One goes abroad and promises to take the other spouse there once conditions were conducive. Instead, this Filipino divorces the one here, becomes naturalized in that country and remarries there. Will Article 26 apply?

No. That article works only if one is Filipino and the other is a foreigner.

What if that Filipino abroad gets naturalized first, then divorces the one here?

In that case, according to the case of Republic vs. Orbecido (GR 155380, 05 October 2005), Article 26 would apply and the one stuck here can remarry.

Under that case, the former Filipino already becomes a foreigner. "The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry."

Interesting, huh?

So we'll talk more about this some other time…

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131 Comments

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131 responses to “Blog Lecture No. 62: Divorce in the Philippines

  1. pauline

    can a civil marriage done here in the phils be divorce int he states if both parties become an immigrant of united states of america…. can they re marry again?

  2. In theory, yes dapat kasi they’re no longer Filipino Citizens.

    But I tried that argument with the local civil registrar a few months back ayaw nilang mag-issue ng mariage license. To them raw, the marriage is still existing because they were Filipinos married in the Philippines, even if they subsequently became foreigners.

    While the laws may be clear, arguing with inutile government functionaries will take the same time as getting a court order that says so. So I suggest they marry elsewhere to save on the trouble.

    Hope this helps.

  3. Vic

    Yup, interesting topic indeed… well, I agree that marraiage is an important factor specially when you have kids, but hopefully they’d get to consider devorce. Coz if you’d look at some families, ganun din naman eh, dumarating din sila sa point na naghihiwalay din sila or yung iba they try to work it out for the sake of the kids pero while they’re in that rocky relationship one of them is into “something.” Lalo lang silang nagkakaroon ng kasalanan sa dyos sa publico at sa partner nila. Practicality nalang siguro.

  4. Nohea

    hi. i need your help. my bf and i are planningto get married hopefully this year but medyo complicated situation nya. He got married here sa civil 9 years ago. hindi pa sya U.S. citizen during his previous marriage. They never had a child. Now he is a naturalized US Citizen and nag file na sya ng divorce sa US and got his divorce decree just this month. My questions is, can we get legally married here in the phils? Pano yung record ng marriage nya sa NSO? Pwede ba ma-dissolve yung record ng marriage nya before?
    Thanks.

  5. Avis

    Hi… I just wanna know kung yung marriage (church) here in the Philippines can be filed a divorce in the US once na U.S. citizen na without any children to think of?
    “10) Abandonment of petitioner by respondent without justifiable cause for more than one year. ” Does this grounds means no communication at all means (letters, e-mails, phones or any) to make this ground works?
    Thank you very much.
    Good Luck & More Power.

  6. CW

    Dear Sirs:

    How can I find out if a marriage has taken place in the Philippines? The man I am legally married to has married a Philippine woman. He is pretending to me that he never married this woman, yet his friends have received his wedding photos that he had sent to them. He never dreamed that I would find out that he got married again. He knew when he married this woman that he was still legally married to me. They were married early fall of last year, perhaps in Sept, 2005.

    I really need to show him with the facts that he is lying to me. I still love him and want our marriage to survive, although at this point I know it is over.

    Re: my early request how to find out if someone got married in the Philippines, I must mention that I am living in the U.S.A and my husband is British. I do not know how to find this information. He moved to the Phililppines last year. any information you can give me will be most appreciated! Thank you for your help.

    CW

  7. You could ask the information from the National Statistics Office.

    But since he is a foreigner, he could have gotten a divorce in his country and that will be recognized in the Philippines

    Is this an issue of him lying to you that he was married to you before of if he is still married?

    If it is the first case, you better check on his sincerity or good faith before you marry him. If it is the second, he could have divorced that other girl in his country and if he did, he is not lying, technically.

  8. Matt

    Could I, a UK citizen married in Philippines, obtain a divorce in UK, return to the Philippines and marry again?

    My wife left me in 2001 and I have no idea of her current location. I got some text from her sister saying that she was working overseas but don’t know for sure.

    I have been living with someone else for almost 5 years and want to be free to marry again.

    It is almost impossible to find any clearcut information anywhere.

    Thanks

  9. CW

    Dear Punzi

    This is from CW who asked a question on August 6, 2006

    Thank you so much for your response to my question. I shall check with the National Statistics Office to see if a marriage took place. If he did, then he has committed bigamy as we are still legally married. Unless he was able to divorce me in the Philippines without me knowing about it.

    We were married in the U.S.A. in 1990 and lived together as man and wife till Dec 2004 when I became sick and had to come to the states for medical treatment. I had filed for divorce here in the states in June 2005, but did not seek to have the degree finalized. I emailed him and told him that I just could not go thur with the divorce as I still loved him and still wanted to be married to him. He wrote back and said that he had no plans to marry again and he would leave the dicision up to me. Yet the following month he married this woman in the Philippines. I know that he did not get a divorce in the U.K. Could he have divorced me in the Philippines without me knowing about it? He is a lawyer, so he knows the law.

    I find you web site most imformative and thank you for presenting the information you provide in such a easy to understand language.

    Your children are adorable. You are indeed blessed.

    Most sincerely yours
    CW

  10. lyn

    hi,lyn here.I was married legally on 1999.after 2 yrs marriage,2002,i came to work oversea and my husband remained in phils and stayed with his parents.Our son who is now 7,stayed w/ my parents since i worked abroad.2004,my husband elope w/ another woman,and since then i dont know his whereabouts.But according to his relatives,his now working abroad.I want to seek advice from u,if i can apply for anullment.what are the things required?

  11. lyn

    Abandonment for more than one year is among the ground for legal separation. I understand that prescription for filing legal sep. is with in one year from the accrual of the cause. Can we consider that abandonment will be covered by these prescrition period. My idea is that, since the law requires “more thyan a year” then even if it takes 10 years or more, there will still have no prescription on filing action on the ground of abandonment. I am right with that matter. Do you know anY jurisprUdENCe Or LAw to confirm that matter.

    God bless. Hev a gud Day!

  12. myayi

    why do Filipinos, still want Dicorce where in fact we do have legal separation and annulment?

  13. Diane

    I am a US citizen married to a filipino who is now a naturalized US citizen. We have been married for almost 25 yrs. I recently found out that my husband is married in the Philippines, and have no children together. They never lived as husband and wife, shortly after the marriage he came to the US. We met and got married and now have 3 grown children. The lady he married uses his name and and has 3 children, all of whom have different fathers. Would this be grounds for separation or annulment ? Would this also be biagamy ? And does that mean that our marriage here is void because he is still legally married to his first wife ?

  14. i recently found out that my girlfriend is married in the philipphines,and have a child…shes planning to divorce her husband..she just got her US citizen last month,were planning to get married here in US.my question is can she petition her kid here,?? can she be single again and can we get married again if we go back to phil.??? shes been away to her husband for 3yrs. now.

  15. mely

    Hi! mely here, i come from philippine and my husband is British, we lived together for 18 years, ito ang prodlema umuwi ako ng pilipinas last June 7 at pagdating ko doon he text me gusto ng makipaghiwalay, tinanong ko siya kung may babae sabi niya wala. tapos pala habang wala ako dito dinala niya sa bahay namin. ngayong dito na ako tinanong ko siya kung totoo sabi niya oo.. sa ngayon nagsama sila ng bahay ano ang gagawin ko we 4 kids. madali lang ba ang mag devorce.

  16. hi…well for me,divorce should be legalized specially in the philippines because based on my observatons, i can see that there are lots of married couples just end up in separating, and there are some instances that the husband treats his wife badly..

  17. Jean

    hi!!!my husband and i were married in the phils. and then we moved here in the u.s after 2 years we got divorce which we both signed. I got married again and and now has one child. i filed for an annulment in the Catholic church and it was granted. i recently found out that my ex spouse filed for an civil annulment in the phils coz he is planning to get married again in the phils. From what i have heard he is now married here in the u.s w/ his gf and they want to marry again in the phils. My question is , Is it safe for me to go home? Can my husband file an annulment case due bigamy? since i got married first? if that’s the case can i come back here in the us?pls. help me because i really want to visit phils. asap

  18. daniella

    Hi, good morning. I am Daniella, student 24 years. I am Brazilian and my husband filipino. I have a problema. My husband married here in brazil and divorced here in brazil, now he are married with me. We are married four year. I want to registry our married in philippines but when he was married with his ex wife brasiliana too, they had registered they married in brazil there in philippines. I dont know what to do and whats going to happen, coz I ask his sister to send me his single certificate coz the phils embacy asked to resgitry our marry in phill though embacy, but there are saiyng that he are still married with his ex wife. What we have to do? I am worry? Can he cancelled his married with his ex? Will it be hard and slow process? I need a help coz I am going to phil on dec and there I am not his wife.

  19. Jean

    hi atty!can my ex spouse file a bigamy case against me even if we are both in the u.s? we are both filipino citizen. the problem is he was able to obtain a copy of my 2nd marriage certificate here in the u.s. and submitted it when he filed for an annullment in the phils. recently. is it territorial ?or even if im in the u.s he can still file charges of bigamy inspite the fact that we both signed our divorced papers. and he himself is now married here in the u.s but i just dont have a copy of his marriage certificate.in wikipedia, i found out that even in the u.s a filipino citizen can still be charge of bigamy and can be jailed..and therefore can be arrested once u step the person arrives..pls.help me..i would like to visit the phils. someday

  20. paul

    hi there..

    this is paul…

    got the chance to read your article on divorce. What if for example two filipinos, both by nature are filipino nationals married abroad and sought divorce thereafter. Is divorce obtained abroad still valid under the Philippine law?

    Please do cite a case if possible and even a brief discussion of it. Your help is highly appreciated.

  21. Twaine

    Hi Atty! Good morning.

    I am browsing the internet when i happen to see your interesting site, especially the topic closest to the heart. And the articles and blog reminds me of my ‘secret marriage’ way back 1994. I was 23yrs old and my boyfriend (i said bf coz there’s was no real husband and wife) was 22yrs old. We were young and not mature yet when we decided to get married in a small office of a lawyer or minister of religious group (i don’t remember the name anymore). I initiated this marriage as an assurance to my bf that we will be together despite his “hernia” operation (or known as loslos) which may probably results to incapacity to have child. We never had any seminar prior the wedding nor any orientation. We just paid the minister office to arrange everything and even falsified the signatures of our parents (both parents were not aware until this time). After the short wedding rights, we went home separately and live as bf and gf, until 1995 when I leave for work abroad. The communication became short and poor. I went back to Phils. Dec. 1996 and decided to call and meet my bf few weeks after a lot of thinking and gaining courage to face my bf and call it quit. Despite his several affairs and relationships with different girls (which he admitted to me), i did not argue and raise a fight with him, since i want a peaceful break-up and somehow, save our friendship. Unfortunately, it did not went well. To cut the story short, we broke-up January 1997 and since then, no communication. I don’t know his whereabouts nor he knew where I stay right now.

    Now here’s my question; can our ‘secret marriage’ declared as void? If yes, where can I file for the petition? If not possible as void, what are the other options?

    Look forward to hear your professional advise.
    Thank you for taking time to read my email and more power to your site!

    Regards,
    Twaine

  22. keesha

    I was married in the Philippines 10 yrs ago, we were both filipino citizens, when we got here in america, we filed for divorce. Does anybody know if my divorce is valid here in America since I got married in the Philippines? I already remarried to a US Citizen but now i’m also questioning the validity of my marriage because i filed the divorce before i became a legal residence, i’m gonna be a Us citizen soon i don’t even know if it’s valid. somebody help me pls

  23. @ Keesha: I already emailed you a response.

    @Twaine: I tried emailing you a reply but the mail came back. Give me another email address and I will resend my answer.

    regards

  24. lianne

    hi . ive only been married for a year. my husband is a gambler and has also got another woman pregnant on our first year of marriage, he also has strange behavioral and psychological episodes that manifest from time to time . My question is , can i already file for legal separation at this point ? would it also be possible to file for annulment? and if i work abroad next year, can i file for divorce from another country?

  25. KIARA

    HELLO MY QUESTION IS I GOT MARRIED IN THE PHIL.13 YEARS AGO TO A U.S.CITIZEN.THEN ON 1998 I BECAME U.S.CITIZEN,THE PROBLEM IS I FILED FOR DIVORCE HERE IN THE STATES RECENTLY CUZ OF SEXUAL ABUSE.IS MY DIVORCE VALID IN THE PHILIPPINES?AND IS MARRYING SOMEONE THAT IS CONVERTED ISLAM IS RECOGNIZE IN THE PHILIPPINES AND HERE IN THE U.S?PLEASE LET ME KNOW?THANK YOU VERY MUCH..

  26. Jade

    i am married in the Phils. (for about 10 yrs. and in a shaky relationship). I met someone in Malaysia (single and a foreigner). He is scheduled to leave for USA this January and planning to bring me as his wife. If plans will push through…is it possible for me to marry him in the USA? we are both foreigners in there…is my marriage here in the Phils…valid in the USA? what are the possible consequences?…I hope you could enlighten me on this matter..

    Thank you very much…

  27. mimi

    hi,
    My brother is in abroad and the wife cheated him leaving him behined and leaving with the tomboy. I know their is no divorse in philippines what are the procedure for legal seperation or anullment

  28. Jeane

    Hi,

    I was married to American man sept,2002 and separated dec. 2004. I am here in cebu ,magkikita lang kami tuwing mga bakasyon sya dito. and Dec. 2004 we separates dahil marami syang babe at wala ng time sa akin. Nag file siya ng Divorce sa Wisconsin Rapids at natanggap ko ang divorce last April 2006. Ang problema ang nakasaad sa divorce papers na address ng married namin ay ang address ng aking residence. Valid ba ang divorce ko at Paano ang pag registered at gaano katagal na bago ako maging legal na single upang magkaroon ako ng free kung sakaling akoy mag aasawang muli?
    Please i need your help…

  29. cely

    I am making a paper/article on marriages abroad. What are the possible effects of marriages celebrated abroad? And can you tell me anything about foreign divorce or decree. Thanks

  30. cely

    what is the “amparo doctrine”? in connection with the constitution.

  31. Jun Corpus

    Is the Family Law applicable to US citizens both residing in the US? How can a US citizen file for a legal separation from her US citizen husband if they are both residing in US? Does the Philipines Courts have jurisdiction over them? I have a relative that is going through that process as we speak. Please advice if getting a divorce here in the US is the easier way and will stop the proceedings in the Philippines once the divorce is granted.

  32. byootikwin

    Hello,

    I have the same situation as this, my ex bf is now married in the US and is waiting for his US citizenship to be granted. Can he divorce me from the US and will it be recognized here in the Philippines? I want to remarry soon.

    “Hi Atty! Good morning.

    I am browsing the internet when i happen to see your interesting site, especially the topic closest to the heart. And the articles and blog reminds me of my ’secret marriage’ way back 1994. I was 23yrs old and my boyfriend (i said bf coz there’s was no real husband and wife) was 22yrs old. We were young and not mature yet when we decided to get married in a small office of a lawyer or minister of religious group (i don’t remember the name anymore). I initiated this marriage as an assurance to my bf that we will be together despite his “hernia” operation (or known as loslos) which may probably results to incapacity to have child. We never had any seminar prior the wedding nor any orientation. We just paid the minister office to arrange everything and even falsified the signatures of our parents (both parents were not aware until this time). After the short wedding rights, we went home separately and live as bf and gf, until 1995 when I leave for work abroad. The communication became short and poor. I went back to Phils. Dec. 1996 and decided to call and meet my bf few weeks after a lot of thinking and gaining courage to face my bf and call it quit. Despite his several affairs and relationships with different girls (which he admitted to me), i did not argue and raise a fight with him, since i want a peaceful break-up and somehow, save our friendship. Unfortunately, it did not went well. To cut the story short, we broke-up January 1997 and since then, no communication. I don’t know his whereabouts nor he knew where I stay right now.

    Now here’s my question; can our ’secret marriage’ declared as void? If yes, where can I file for the petition? If not possible as void, what are the other options?

    Look forward to hear your professional advise.
    Thank you for taking time to read my email and more power to your site!

    Regards,
    Twaine “

  33. Byootikwin,

    If he divorces you after he becomes a US Citizen, the divorce will be recognized under Art. 26 of the Family Code. If he divorces you while he is still a Filipino Citizen, sadly, that divorce will not be recognized and you still must have your marriage annulled here.

    hope this helps

  34. byootikwin

    hello punzi..

    thanks for your reply.
    do i have to go thru the annulment process of do i just have to present the divorce papers to NSO?

    thanks so much!

  35. Bing

    I read your article that was very helpful for the Filipino and some foreigners seeking ideas and needs a legal advice .This is the reason why I want to reveal my secret for all the years that I could not sleep good .because of this problem. I was getting married to a foreigner with out doubting that I was single because I got a 3 times no records of singleness in NSO and all the papers that I processed to got married is legal, but later on after 2 years I found out that was a person making our married certificate registered in NSO as what I know that was before void we have no personal appearance when making this certificate and beside it was stated in our certificate of marriage that we have no license because it was fall to the art. 34 of family code. beside we took a person to process this things to have a certificate of marriage because I need support for this man the father of my child , but I was have no feeling to this man we make love because out of my curiosity that in the age of 27 I still have no experience in love but is happens that I was pregnant .My question is ,Am I commited bigamy to this?because I was married to another man?pls. help me, just email me back .

    bing

  36. Bing,

    I tried to send you an email but it bounced back. Send me a valid email address as soon as possible.

    Before I answer your question, please email me:

    1. The details of the so-called first marriage. Was there a ceremony? Who solemnized it? A priest? A mayor? A judge? Somebody else? Was this a “package marriage” in the courts or somewhere else?

    2. Is that first guy the father of the kid(s). Sorry, I didn’t catch it from your question.

    I’ll wait for your reply as soon as possible.

  37. Anna

    I am married her in the U.S. with another Filipino for 9 years.I recently found out a few months ago that my secret marriage 11 years ago (1995) was legal. My question: I am a resident alien since 1992 and haven’t filed for U.S. Citizenship. I am married to a Green Card holder also but just found out that a secret marriage in 1995 was valid as my NSO certificate stated a marriage commensed. I left the Philippines 3 months after the secret marriage (no marriage consummation) and haven’t heard from the guy for almost 10 years. We were also underage – I was 19 and the guy was 18. It was a “marriage” for security for the guy for me to come back. If I file for annulment, can it be grounds for void ab initio?
    I need to file my citizenship soon and wanted to know where I stand.

  38. I got married in the Philippines back in 1996 and has been separated from her since 1998. I filed an annulment back in 2005 and then I filed my divorce here in California due to unprofessional services of the lawyer in the Philippines.

    Question’s are as follows:

    1.) Can I give my fiance’ a church wedding?
    2.) What can I do to give her a church wedding?
    3.) What are the requirements and procedures?

    Sincerely,

    Hoping to get a Good News.

  39. Robert

    Hello.
    I had a civil marriage 10yrs ago. My wife is 19 and I’m 20yrs of age. She was 6 months pregnant at that time and we are both students and not psychological capable to enter into the marriage but for immature minds we decided to proceed even without her parental consent, but we did not live in one roof after that because her parents did not about about it. Now we are 7yrs separated living our own lives. My question is, I am engaged with one woman and we wnat to marry next year. Can I file for a voidable marriage for me to marry my girlfriend? Thank you so much.

  40. Robert,

    You have to have that marriage annulled (declaration of nullity) and not have it a voidable marriage.

    That marriage is not voidable because your marriage needs only parental advise and not consent. In any event, only can have that annulled (assuming consent was required) for a period time (4 years I guess, I forgot already) after you reached 21. Since that was 10 years ago, that avenue is already lost, assuming you had it in the first place.

    The best bet is still have it declared void due to psychological incapacity. There must be a reason why the marriage failed and a trained psychologist may find out.

    hope this helps

  41. I just want to ask a question: does an illegitimate son has the right in properties and patrimony of the legitimate children?How’s the situation disciplined in the philippines?What are the rights of an illegitimate son?Thank you very much.

  42. An illegitimate child only has rights (to get support and to inherit) to his father’s property, not to the legitimate brother. Legally, there is a wall that blocks their relationship especially when property is concerned.

  43. roy

    hi atty., My wife and i are married for three years in the Philippines. She went abroad (Texas, USA)… she recently filed a divorce and will marry soon in US… If i can secure her marriage certificate, can i file a bigamy case here in the Phil? will it prosper? will i not have problems on jurisdiction? Please help me… thank you

  44. bernardo

    hi, my wife is in the us illegally for almost two years now. she said she acquired a divorce from me in california and will now marry an american to become a citizen. how do i stop this, is the divorce legal in both countries since i did not know about it. can she be deported for working illegaly in the us from the time she got there. can i contest the jurisdiction legality of the divorce?
    thank you sir!

  45. francis

    Hi. I was recently married in the Philippines (oct 06) and i want to divorce my wife right after I get my US citizenship (obviously, i live here in the US). I just want to know if i can petition someone in the Philippines (fiance visa) after i divorce my wife. please advice… thank you so much…. – Francis

  46. Aia

    Hello, I really find your website very helpful and I hope that you can help me with my questions.

    I married to an american husband in the U.S. and last year we decided to go back to the Philippines for good. I was pregnant for our second child when I noticed something different in him. Finally, when our son was 6 mos. old he came and confessed to me that he had an affair with another woman. He was not willing to leave her and told me that he doesn’t love me anymore and yet he wants me to stay in the Philippines where he would go home with me anytime he wants to and go back to his woman anytime and spends more time with her. I could not take it anymore especially as I was thinking about the future of my kids so I begged him to let me come back to the U.S. He helped me come here and that’s where I am now.

    My problem is when I arrived here I went back to Pennsylvania because that’s where we lived before and although we don’t have a house anymore, he assumed that I could just stay with his parents, sister and friends and I went from three different houses week by week for 3 mos. It was a very difficult situation and I felt that I wasn’t really welcome anywhere, I felt so alone and rejected. Finally a friend and her husband from another state invited me to come and live with them and I was willing to go. My adulterous husband however doesn’t want me to bring my child there even if he doesn’t live in Pennsylvania (he lives in the Philippines). He still wants to control me but I took my daughter anyway because I know that I can take care of her better (my 10 mos old son was left at that time with my parents).

    Now my question is, he is threatening to divorce me which I am not afraid about but he’s using our son against me. I want my son with me together with his sister who is with me but he’s not willing to give him up. I told him that I will take it to court here in the U.S. if he doesn’t give me my son back. He implied that since he’s in the Philippines and that the laws are different that I do not have any hold of him or implicately that I cannot enforce any legal actions against him because of jurisdiction. Is this true? Besides, he’s allowed to stay in the Philippines I believe because he is married to me now that he wants to divorce me can he still stay there or I can have him kicked out from my country (Philipppines) legally. And face me here in the U.S. for court? Right now, he’s living with his other woman.

    Can you please enlighten me on this. I am really hoping that you can help me.

    Aia

  47. marife

    Good day!
    I read your article and was interesting to send you some questions about marriage in Philippines. I was married a french man in Philippines last 2005 but the relationship don’t work and now he filed a divorce in france last june 2006 and i filed a divorce too here in france. We both filed for divorce but now here is my question.
    1. Is it possible to marry again in philippines?
    2.or can i apply my divorce paper in philippines to marry again there?
    thank you so much i’m looking forward for you reply or you can send it to my e-mail. hope you can help me..marife..

  48. Regardless of your current citizenship, you can have that foreign divorce recognized here in the Philippines so you can marry again here. But you have to do that step first through a court case.

  49. @ Aia: 1. I don’t know about the laws in the States, but as far as Philippine law is concerned, you no-good husband is still under the jurisdiction of his home state, where laws on his personal status are concerned. But that does not apply to criminal laws.

    2. If you could charge him with concubinage (for living with a girl while still married to you), you could have him deported for being undesirable on that ground.

    But I think you should consult a lawyer for your case so he/she can study it further…

  50. marife

    how long will it take when you make this in a court case? it will take a long time? how many years, months when for example you have already a divorce paper here but i still need to pass this to philippines just to know that i’m not married anymore. thank you..

  51. jams

    Hi! I am petitioned for a fiance visa and have a schedule interview in march. But the thing is my fiance and i broke up last october. All the while, i thought that he put a stop on the application but he did not.
    Now, i am just wondering how i can put a stop on it and what the impact is. Will it affect my future visa application (whether tourist, fiance or marrige)?
    Thank you.

  52. karmi

    hai punzi

    I just want to know the legality of my marriage. My big day was ante-dated and the place was manipulated to conform “daw” with the public policy. My wedding took place in a hotel on a Saturday, hence it was ante-dated.

    Does this make my marriage void ab initio?

    I desperately need your enlightenment..

  53. angel

    we we’re filipinos when we got married in the philippines. after that we returned to the US, he’s still a filipino but i became a US citizen. Can i file for annulment in the philippines? and at the same time file a divorce in the US? or just the annulment case in the phil.? One more, before i got married to him i was already established, meaning i have properties here in US. will he get the other half of what is mine? Thank you!

  54. Pingback: Divorce in the Philippines: A Must or Not? « MISTERYOSA

  55. Rita

    A friend of mine has married someone from another country. She really believes that the person she has married is still married to someone in his country. What should she do?

  56. good evening, im a filipina leaving here in america. i left philippines 2 years ago and still married to my husband in the philippines. i haven’t seen him or spoke to him since i came here. i have an american fiance and we are planning to get married this year, but i need to divorce my husband first. My husband in the philippines undergone 2 major brain operation that cause him totally disabled. My question is Can i divorce him? i am running out of time now … please help. God Bless!

    duby

  57. jhea

    hi, im 23. im a filipina. my husband and i have been married for almost four years. actually, we just entered the marriage for the sake if the child, so that he won’t be illegitimate. after the marriage, we really did not live together. we both live our own lives then until now. and now, he has a son from a different woman. and i think that they are living together now. on what ground of annulment will i use in filing a petition?

    thanks..

  58. Rufus

    I need your help. Here’s the scenario: An American man meets a Philippina lady while she is visiting America on a tourist visa. They quickly fall in love and want to marry. She, however, was married about 17 years ago in the Philippines.Her husband had sex with numerous other women. She left the man nearly 10 years ago and has raised the children without assistance from the husband. Because she never thought she might remarry, and due to her simple inability to pay, she never filed for a legal separation or annulment. The lady never formally ended her marriage. The husband refused to pay the costs for dissolution of the marriage, yet he cohabitated with a different woman for years since, even fathering children with her. There was another woman before this one. He has lived with both these women as a family. Any act to dissolve the marriage would be uncontested. Can this Phillipina lady legally marry the American man while in America and file for annulment of the Phillipine marriage later from America? In what state might she have the least difficulty? What is their best option? Obviously, this issue is quite time sensitive. Thank you!

  59. To Rufus (July 3, 2007):

    Yes, the filipina can file for an annulment here in the Philippines on the ground of psychological incapacity. But she could not marry her american fiancee while here marriage with her husband is still existing, otherwise, her filipino husband could charge her for bigamy. There are lots of psychologists or psychiatrists who can conduct psychological evaluation on her and her husband. Her husband’s presence is not required during the psychological evaluation. The pyschologist should prove to the court that her husband’s psychological incapacity is grave, incurable and has juridical antecedence. The usual incapacities are the Anti Personality Disorder, Narcissistic Personality, the Cassonava Personality Disorder, etc. The cost of psychologist/psychiatrist usually ranges from P20,000-50,000 because aside from the evaluation, she would have to be present in court to testify about the psychological incapacity of her husband. Ofcourse, she should file the petition where she resides or where her marriage took place. Example if your filipina friend lives in Pasig and her marriage was solemnized in San Juan, she should file it in Pasig or San Juan. But usually, the Office of the Clerk of Court of the Regional Trial Court usually raffle and assign the case where the petitioner resides. But then ofcourse, she should be ready and willing to pay for the filing fee (which depends whether or not they have properties and how much is the cost of their personal and real properties) , lawyer’s fee, transcripts of stenographic notes and others.

  60. Angel:

    You can file an annulment here in the Philippines and file for a divorce in the US. But since you have changed your citizenship, divorce is an easier remedy. Once your divorce in the US is granted, you can file for an enforcement of foreign judgment..meaning for the Philippine court to recognized the divorce decree you have obtained abroad.

    Anyway, your presence here in the Philippines is required if you filed the annulment case while the case is on going. But usually, the petitioner can just file her verified petition through her lawyer together with her certification of non forum shopping attaching therein her special power of attorney which should bear the seal or attestation of the Philippine consulate in America. However, the petitioner should be present during the pre-trial conference and the presentation of her evidence( meaning during the time you would be presented to testify in court). Usually, the grounds for declaration of nullity and/ or annulment of marriage are based on psychological incapacity, bigamous marriage, lack of marriage license, etc.

    I will give you a tip…If you and your husband were married in Manila City Hall, look at your marriage license..usually if it was issued in Cavite…try to trace whether it was issued in your name and your spouse..Most of the time..the marriage license were issued in favor of other persons…Hurray for you…IT WOULD BE A GROUND FOR ANNULMENT…

    About your properties, it depends on the date of your marriage. Whether your marriage was celebrated before the effectivity of the Family Code or after? That means, before August 1988 or after…Well, if its after, the property regime is absolute community property, hence, your husband would get half of his share unless you can show to the court that it was your exclusive property such as paraphernal/capital, etc. If you were married before the effectivity of the FC, then, your property relation is conjugal partnership, hence, both of you should share half of the profits, fruits and interests of the property..take note: only the fruits, income, etc.

  61. red

    hello there! how are you? Please I need your advise. Me and my ex-wife live in us and went back there in phil in 2002 to get married. At that time we are both US Immigrants(alien card holder). early last year I filed for a divorce here in US for the reason of Infidelity of her. We also became US citizens early last year. Our divorce was approved and finalized around October 2006 last year. My question is do we still need to get annul back there in Phil since we got married there back in 2002, OR would they recognize our divorce here since we are both US Citizen when we got divorced. Thank you for help and god bless you. Hope to hear from you.

    Red

  62. @ Red,

    Check your email. I answered your question there.

  63. michele

    i am an american whose husband was deported back to the philippines mar 2001. here is the problem. he was originally married in the philippines to a filipina, he divorced her in the us in 1998. in 98 we also got married. in 2001 he was deported back to the philippines were i’ve heard 5 years ago that he was remarried. i want to know how i can find him to get him to agree to a divorce. i dont know how else to find him. we have 3 children together and he has had no contact with them since the day he was deported. i need help.

  64. Elliza

    Hi,
    I m a filipina and married to a norwegian citizen.We married in manila in 2002 in civil registrar in San juan manila.I want to divorce my husband because i can’t take it anymore.His phsycologically handicap.i know this before we married but i was so young that time to understood what really a handicap means.I was 22 when i married.do you think i could annulled our marriage?Our marriage is registered in NSO as i got copies of them here with me.but i want to be free..
    Please help me..

  65. Dy

    Good day!Hope you can enlighten my mind and share your views w/ regards to this matter.Can a divorced person in the US, waiting for the annullment in the Phils to be finished remarry outside the Phils?

  66. Marieelena

    I am trying to locate my nephew for his father who is in ill health in the USA. He is married to a Filipino woman and has two daughters. He was/is in the Merchant Marines. His father hasn’t heard from him in 6 years. The last time I spoke to my nephew was very depressed and felt he had no family except his father. So we can not understand why we haven’t heard from him. All I know about his wife is she and their people speack Tagalog. His name is Casey Coddington. I have tried and tried searching the Philipine phone listings and can not find anything. Do you have any suggestions as how I might find him? Thank you.

  67. dave

    Hello, I am Dave, both my GF and I are working in Kuwait. I am an American and she Filipina, we have been together for two years and I am looking to leave Kuwait. We are talking about marriage, however, she is married in the phills and has a 16 y/o son. My question: is it possible to get married in another country and it be recoginzed as a legal marriage? I fully understand she would still be married in the phills. She has been separated from her husband for 12 years. thanks

  68. roland

    Easy question. Hopefully easy answer.
    Very simply. My filipina g/f and i want to get married. Her husband died several years ago. I have been divorced (U.S.) for 2+ years. She has daughter. She wants to be married in Phili.
    What are the steps? And is it necessary to have my ex involved in an annulement if required in Phili. Ex wont annul our marriage.
    Thanks

  69. irene

    we been married for 15 years more or less.in that 15 years of marriage, 11 years of that he is out of the country to look for greener pasture. and he comes home once a month each year and stay for 30days.my problem is, i think i am fallen out of love with him for obvious reason, he never been a husband to me per se. i want out tothis marriage. what are the legal solution if there is. i want to remarry again if given a chance. what if i want to get marry abroad, does it has legal predicament too? what if i will marry a foreigner does it has something to do with my marriage here locally? pls help me, i am at lost. thanks…

  70. irene

    may i correct, he comes home once a year and stay for 30 days. we have 4 kids…

  71. marie

    question,i was married in 1980,under the age of 18,the marriage was last may 1980 and i will be 18 in august same year with my father’s signature in the marriage cert is it valid?secondly i left my ex in 1995 and never came back i supported my 2 kids up to now,but i wanted to divorce him now,i am a british citizen since last year do i have the right??
    can you kindlty reply please??

  72. irene

    Thanks for ur immediate response. This brings me relief for the meantime, atleast i know there’s still a chance for me to get happy again. For additional inquiry, may i know where and who will i go to? How much will be the proceedings of annulment and may i know on what ground in this specific case of mine. I thank u and hoping to hear from u soon.

  73. joanna

    hello,i have problem i’m working in dubai and we have plan to get marry w/muslim arabic guy.I’m still married in phils. and we have child .we are separate but no document just we have agreement na tutulungan ko sya para s anak nmin.Ngaun ngpaconvert na ko i’m muslim now, ano gagawin ko para maging legal pag kmi ngpakasal. pls help me.

  74. roland

    Easy question. Hopefully easy answer.
    Very simply. My filipina g/f and i want to get married. Her husband died several years ago. I have been divorced (U.S.) for 2+ years. She has daughter. She wants to be married in Phili.
    What are the steps? And is it necessary to have my ex involved in an annulement if required in Phili. Ex will not annul our marriage.
    Thanks

  75. lyne

    Hi im new here , ive got a big issue that i need some answers . I was married b4 to a filipino but we got separated after 8 months , 7 years of total abandonment . when i went abroad i met a foreigner and we fell inlove . we decided to get married right away coz i thought that my first marriage was not valid since i was only 18 without parental consent .After we got married i found out that my first marriage was actually registered at NSO , so i decided to file for annulment and got my first marriage annulled. the problem is we got married twice ( me and my foreign BF) thinking we can get a copy of that current marriage but apparently not , since NSO only issues copy of the first marriage :( what will be the best thing for me to do ? please help. Can i file for voidable marriage for my first marriage t my foreign husband ? The law said that my marriage to him is void from the very beginning .What will i do?

  76. timo

    Hi. I got married in the Philippines and have 2 children. I am currently working here in US for almost 3 years and haven’t been back to the Phils since then. I would like to file for a divorce for my wife. Our children will stay with my wife’s relatives but I will continue to support them anyway. Now this is the situation. My wife is coming here to US to work in a different state. Is it possible to just file a divorce here since she’s going to be here? Is that going to be easier because I would like to marry my gf asap. I am also planning to file for annulment in the Phils so my wife could remarry too but I’m not sure if she will just stay here in US or not. Please let me know if filing for a divorce here in US will be possible. I understand that if we both go back to Phils., we are still considered married that’s why we are planning to do the annulment in the future. I’d appreciate your response. Thank you very much.

  77. You don’t really need or want that lifestyle, it might hurt y’all slowly more…….Just tell him you
    don’t wanna repeat something your not too proud of z7uas.

  78. David

    Hi.
    I married my filipina wife in the UK in 2002 we came to the Philippines and she wanted to get married again in church so we did, last year I obtained an annullment from her for our Philippine marriage, am I also now divorced automatically from our UK marriage as I want to return to the UK with my filipina doctor and marry her.

  79. Ima

    I got married in U.S., she was a resident alien and, I was a on A2 visa. We became U.S. citizens and eventually divorced. Are there any legal obstacles in I marrying my girlfriend in the Philippines? Thanks in advance.

  80. emma

    Hello, Good evening.
    My husband & I been married for 25 yrs, got 3 young adult children. Last July he went to the phil & been living in w/ this young filipina gf of his til the present. He bought some livestocks and some lands in bukidnon, we are not divorce yet but obviously separated. Will I be entitled to half of their property he bought with his money? Im a filipina too but now a british citizen. Also I’ve got a feeling that they got married there illegally but I have got no proof. How could i possibly find out if my fear is true. Thank you

  81. frances

    hi.. hello.. my bf was a naturalized american citizen..last 2000 he got married in the philippines for convenience coz the girl got pregnant.so he was forced to bring the girl in the US but they never lived together.And now we’ve met and we’ve been together for almost a year. And his planning to bring me in the states. iS it possible to file divorce in the states..since they are both american citizen,. If they have been divorced..can we be marry here in the Philippines? tnx..hoping for ur reply..GodBless..more power.

  82. chloe

    my husband is a german citizen and his ex wife is a german citizen too, they got married in the philippines year 2002. we cant get amrried in the philippines cos when i check on the nso the marriage was registered. do they need to file for annulment though they’re divorce in germany?

  83. jasmin

    hi…
    my sister-in-law filed an action for divorce in USVI. she and my brother had been married here in the phils. she had been working in usvi since feb 2006. the VI court is summoning my brother to appear in court. does she have legal basis to do this?
    the court is alleging having subject matter jurisdiction, having personal jurisdiction over the Petitioner because she has been a resident continuously and uninterruptedly for at least 6 wks prior to the filing of petition. does this have legal basis since they were married in the phils? can a US court intervene in this situation, or should her petition be filed here in the phils?
    my brother’s ultimate concern is the well-being of his daughter, whom his wife took with her to USVI in March 2007 without his knowledge (for which he had a record on blotter). what complicates the matter is that they left together with a lesbian (who was the cause of the wife’s abandonment of my brother way before she obtained work in USVI). this is evidenced by a flight manifest obtained from the Bureau of Immigration. they cohabitated and she made the child call the lesbian “papa.” this is a moral matter that may be affecting the child psychologically. it would have been much better if it was a male partner. the lesbian had to come back because she was on a tourist visa. but she is planning to reapply this time, perhaps on a working visa. i know all these facts because of my sister-in-lawmand mine’s common acquaintances who had left with her to USVI for a job.
    the question is, does my brother have any strong basis to take custody of his child?
    furthermore, we are simple citizens thriving on a hand-to-mouth basis. we cannot afford the legal fees, etc. required in this matter. is there any agency that would answer this problem?
    i am really glad that i stumbled through this website. thank you and the best of health to you this new year.
    by the way, you have real cute angels!

  84. Manang

    Hi! I have a question.Im a permanent resident alien (until now i haven’t change my status as a green card holder).I got married 1997 and didn’t worked out so i got my divorce here in states and got it done 2004.got remarry.Now, will the philippine law accept my final divorce decree or what should i do to get my marriage from philippines void? thank you

  85. confused

    Hello! I’m planning on having a civil wedding.. but…
    here’s the problem.. my fiance was married in Iglesia ni Cristo… does being married in Iglesia ni Cristo is still honored here in the Philippines. Really need your help. Thanks a lot mmconfused@gmail.com

  86. samantha

    Hi !! im just bothered with this .. if you could help me.. i would very much appreciate it..
    Im a US citizen now, i got it from marriage to a US citizen.Then it didnt work out, We got divorced then. My question is when can i remarry again? I want to marry someone in the Philippines then later on petition him to come in the US. Would it cause me problem? do i need to wait for a certain time to remarry again? THANK YOU!!

  87. Lovely

    Hi Atty. good day to you! i just want to know if there’s anything we can do about this, it’s really bothering me now for so long. here’s the scenario(all takes place in the Philippines), I have a Bf, we’ve been together for almost 7 years now(not living-in). but the problem is that he’s already married.but now separated, for about 5 years already. when we met they are still together, but to cut the long story short, they’re separated already because my bf choses me. i know you will not judge me based on this, but we really love each other so much.and its getting stronger. He is a good man, he gives full financial support for their kids as well as the wife eversince they separated. and im not that bad.i know a lot of people who always think that other woman are evil.but i want to think that im not one of those.though its their opinion, so i just leave it as that.
    the dilemma is this, they are married in Iglesia ni Cristo(it’s their religion). im a catholic by the way. my bf told me that their religion doesn’t have annulment. when i learned about it, it really broke my heart in pieces, but because of the love we have for each other i’m still holding on. when i asked him what’s his plan, he said he will find other ways. i know he really wanted to get out of that marriage bond, but we dont know what to do. actually INC kicked him out as a member of their church when they found out back then that he have other woman(me).his wife told the church about it. but until now he is still goes to attend ceremony in church(i dont know how to call it, it’s mass in catholic), but i think not as a member already. he doesn’t have any plan converting in other religion, im sure of that.and same as I.
    Atty., what can we do about it? is there any other way to really make things clearer for both of us? i really wanted to get married, honestly. he also wanted it to happen. i mean, isn’t it possible for him to file an annulment because they are married in INC? kindly please enlighthen me on this matter.i would really appreciate it. Thank you very much in advance. God bless

  88. Hello Lovely. I hope you don’t mind me publishing my answer to you here instead of my customary personal email I send to those who ask me questions.

    Anyway, there is a principle here called the separation of Church and State. I have a blog-lecture on that here, just look it up.

    Anyway, some people think that just works for the Catholic Church here. No, it does not. I works for all religions and its permutations: born-again, Presbyterian, Protestant, and yes, even the INC.

    The practical application of that for your case is, you CAN get married if he has his marriage annulled in court. A church wedding (INC included) has a civil aspect and a sacramental aspect. If he has that civil aspect annulled, he can get married civilly but not in church anymore.

    So there. I don’t see religion holding him back here because as you have said he’s already kicked out. So it does not matter to the INC if he gets the annulment or not. Perhaps something else is. And with that, I cannot help anymore. I’m just a lawyer.

    Hope this helps.

  89. eli stone

    My mom was legally married in the philippines and got separated (but not legally) 20 yrs ago. My dad remarried here in the states. My mom did not . my question is if my dad dies, will she still get the half of his properties in the philippines?

  90. problematic girl

    hi sir,

    i need your help.. me and my bf been secret married on Nov. 2003 but did not live together until we got separated on 2004. my bf was 24 at that time and he’s underage so we asked the reverend to adjust our wedding date once my bf be in the right age to get marry without his parents consent which was on dec 2003, just 1 month away from our wedding date. Btw, we didn’t file any marriage license and did not submit any requirements to the city hall. we just directly went to the reverend office on saturday and there after 15 mins. we were already married. We also told to the reverend to not process our marriage application until we return to him to submit our documents. We never returned to his office. Now I’m confused, I have plans to get marry soon on church, I requested for a CENOMAR from NSO to find out my real status and there I am still single. Here are my questions sir:
    1. Do you think our Secret Marriage is real?
    2. Do a Reverend perform a Marriage even if we don’t file a marriage license? and also on a saturday in city hall?
    3. I just requested a CENOMAR from NSO last year, will City Hall take years to submit a marriage documents to NSO, because it’s been 4+ years and it reflected that I am still single(unless we got a fake reverend).
    4.The DFA also authenticated my CENOMAR, am I safe to get marry here in Middle East to a foreigner using my authenticated cenomar? May laban po ba ako kapag naghabol yung bf ko dati na may gf na rin ngayon?
    5. What if I already remarried and then our marriage application from City Hall just submitted to NSO(for example it took years), can I be charge for bigamy?
    6. I already forgot the day we got secret married, can I request to the City Hall to check if i have records in the local civil registry using our names only?
    Please help me sir, me and my foreigner bf are planning to get marry on the end of Q2 this year. Thanks so much!

  91. iris zamudio

    Good day, Atty. Punzi,

    I am a filipina and currently staying here in bicol..i have a boyfriend, and he is asking me for a secret marriage before i left for italy this year…my question is how long would that marriage will took effect?i mean should it affect all my papers/documents before i went to italy?

    tnx so much..

    p.s
    can u send me a reply on my email address, pls? its lyrizza@yahoo.com.

    tnx again.

  92. ruby

    Atty Punzi,
    saan po ba ako pwedeng magsend ng email sa inyo tungkol sa blog lecture no 62 : divorce sa phils?salamat po. Paki reply po sa email add ko rubs_snts@yahoo.com ( sori, di ko po alam gumamit ng blog) I just happened to see your site in the internet during my research.

  93. ahrman

    Hi, I really hope you can give some advice. I would like to marry my fiance here in the US. When I left the Philippines I’ve been separated for almost 9yrs but was never filed for annualment. I am going to file for a divorce here in California. I am however not sure if I had a child with my ex-wife. A common friend said a few year ago that my ex-wife was telling everyone that we had a child together. My ex-wife and I had never contacted each other since the day we separated. I am not sure where to find her. Should I just file for divorce without minor? I thank you so much in advance.

  94. louie

    hi, i’m an american citizen(25 years old) and got married to a filipino(24 years old) here in the philippines. we were married for only one year and are now separated. i am currently dating someone and would like to get married soon. Do i just file for a divorce in america and submit it here in the philippine courts? or would i have to go throught the whole annulment process? my ex are in good terms and he would comply to the divorce. i would just like to know if i can just file the divorce in america and if it would be valid here in the philippines cause i would like to remarry here in the philippines. thank you so much for hearing me out.

  95. louie

    hello, i’m an american citizen(25 years old) and got married to a filipino(24 years old) here in the philippines. we were married for only one year and are now separated. i am currently dating someone and would like to get married soon. Do i just file for a divorce in america and submit it here in the philippine courts? or would i have to go throught the whole annulment process? my ex are in good terms and he would comply to the divorce. i would just like to know if i can just file the divorce in america and if it would be valid here in the philippines cause i would like to remarry here in the philippines. thank you so much for hearing me out.

  96. simple

    hi atty. I got married to my bf last 2002 without the consent from our parents we just signed that consent instead of our parents. I was 19 and he is 21 that time. We never live as man and wife since that married take place.He stay at his parents house same as me. 2 days later he go back at his work which is miles away from me.

    It is almost 6yrs now I didn’t have news about him. But I heard from others that he have a family now. I am confuse if we have a marriage record at NSO. But the time I checked it, we have a record that we are marriage. My question is can I get marriage to my foreign bf now or I need to file annulment? Where or what should I do.
    Hope you can help me.Thank you.

  97. g

    I have a question
    1. Third degree cousin mirriage is allowed? is this null and void?
    2. Mirriage certificate being signed by a mayor without ceremony that took place nor seeing the two person being married, is this null and void? including the witnesses who signed the marriage certificate are not present when the mayor signed, only one of the person to be married present. Is this null and void? despite the papers are forwarded to the NSO.
    please email me privately on this issue.

  98. archer70

    Hi Atty P,

    I would like to seek a legal advise. Currently I am a Permanent Resident of Canada. I get married March 2007 in the Philippines upon gathering all the docs I found out that he was married in 1989 as the ones registered at his daughters birth certificate from his previous commonlaw he said. Since I am sponsoring him the immigration needs the dependants birth certificate & medical. He forwarded me a copy of his daughters birth cert & i got shocked! He said they just make up the marriage date for the kids legitimacy. But I found out that they were solemnized & there was a ceremony of marriage by a judge but their marriage certificate was not forwarded to the NSO, so thats why before he married me he got the CENOMAR authenticated by the DFA. Was it fake? Thats why I married him thought he was never married. I withraw my sponsorshipr right away and write teh Canada embassy. WE got Married MArch 6, 2007 4pm then he left for Dubai in Mar 7 , 2007 6 am in the morning and after that we never seen each other again. Does that marriage exist? it was not even 24 hours . Also, Is my marriage to him null & void ever since the day we get married? since he had civil ceremony with the 1st woman?
    How should I file? Can I file Bigamy case on him? Or fraud? Are those Cenomar real? Can I file for the the null & void? I am seeking a Divorce here too even I am a Permanent Resident only the Canada law acknowledge it and I dont know if the Philippine law will acknowledge my Divorce for the law there. I want all my documents be cleared before I applied for my Citizenship. Please advise . OR you may give me a proper office in the Philippines where I can hire for legal officer.

    Thank you

    my email ethelrhea@hotmail.com

  99. archer70

    Hi Atty P,

    I would like to seek a legal advise. Currently I am a Permanent Resident of Canada. I get married March 2007 in the Philippines upon gathering all the docs I found out that he was married in 1989 as the ones registered at his daughters birth certificate from his previous commonlaw he said. Since I am sponsoring him the immigration needs the dependants birth certificate & medical. He forwarded me a copy of his daughters birth cert & i got shocked! He said they just make up the marriage date for the kids legitimacy. But I found out that they were solemnized & there was a ceremony of marriage by a judge but their marriage certificate was not forwarded to the NSO, so thats why before he married me he got the CENOMAR authenticated by the DFA. Was it fake? Thats why I married him thought he was never married. I withraw my sponsorshipr right away and write teh Canada embassy. WE got Married MArch 6, 2007 4pm then he left for Dubai in Mar 7 , 2007 6 am in the morning and after that we never seen each other again. Does that marriage exist? it was not even 24 hours . Also, Is my marriage to him null & void ever since the day we get married? since he had civil ceremony with the 1st woman?
    How should I file? Can I file Bigamy case on him? Or fraud? Are those Cenomar real? Can I file for the the null & void? I am seeking a Divorce here too even I am a Permanent Resident only the Canada law acknowledge it and I dont know if the Philippine law will acknowledge my Divorce for the law there. I want all my documents be cleared before I applied for my Citizenship. Please advise . OR you may give me a proper office in the Philippines where I can hire for legal officer.

    Thank you

    my email ethelrhea@hotmail.com

  100. rain

    hi atty, im working abroad now! me and my G.F are planning to get a secret marriage for now, and get legal marriage after 2 yrs bcoz of family problem. can u gve me info whats the requirements? and if we get married speaking of secret marriage is that ok f my g.f. f she not declare her new surname i mean my surname? and the status as well single to married? is that possible not to declare?

  101. Moira

    Hi! I really need your answers….I was married in the Phil last Jan 0f 2006. I found out that he was married before and was not annuled so i filed for nullity of marriage. The court had the decision already but cannot issue the finality because according to them my ex did’nt received any summons. I am now here in the U.S. and having a hard time to tell to the immigration if I am single or I was married but annulled. Would the immigration here would find out if I say that I am single and never before married? I want to know cause I still dont have the finality papers.
    Hope you can reply soon!

  102. Janine

    hi….i am a permanent resident here in the US & will have my Oathtaking ceremony soon for my US citizenship application. My US Citizen husband & I are not in really good terms, so my question is can i file for divorce right after my Oath taking ceremony? Can i marry someone else, lets say an alien & sponsor him for greencard? what are the implications? Pls help.
    Thank you so much.

  103. hiya i am married to one u.s man and we have been married here in phil. in the civil at city hall.. and we are over a year now going the marriage . he is working in iraq the only we get together when he get r/r . we are not still living together just bcz. we are always got problem to communicate .. and he start saying the i am very rude and insecured person
    now he is deciding to divorce me i want to know if what i will get from him if he file a divorce me . we dont have kids bcz. he was keeping hide from me that he was visectomy and he cannot make baby anymore.. so he did not tell me before we got married ..

    pls. help me
    mikee

  104. michael marasigan

    good day!, i got an important question. i have been married before here in the philippines to a filipina, then for some reason we separated with out getting an annulment. then i marry a british national here in the philippines. now my question is i wanted to file an annulment for my first marriage, what will happen to my 2nd marriage? will my 2nd marriage be valid as my true and present marriage or should i file for annulment also for my 2nd marriage and remarry my british wife? if i file and annulment for my second marriage for what ground should it fall under?

  105. Gracew

    hello! please help.my civil wedding got annulled a few months ago and i want to marry my long time partner of 10 years ,soon, to settle everything and put things into order since we already have two kids. i want to know if i could marry in the catholic church since my husband is a devoted catholic and wants a church blessing on our wedding.i got married in a civil mass wedding first and after a week in a catholic mass wedding. we used in church same marriage license we used in our civil wedding. when i secured my marriage contract from the nso needed fo my annulment,i entered the date of my church wedding but what was issued to me was the civil one. could it be the only one which is valid? meaning the church one is not?maybe then , i can get married in the catholic church again? i dont remember that iv signed any contract during the church mass wedding. how can the catholic church know that im already married in church (i plan to marry in another province) do they have a database same as the nso? and how will i know if my church wedding was registered or not? my attorney said that the valid one was the civil wedding.and the church one only serves as a renewal of vow. i also would want to get married so we could settle the kids’ legal status. we would also be needing to adopt them as our own after our marriage to make them legitimate. please help.thanks and god bless!

  106. Good Morning Atty,
    This is Clarissa from the Phils., I have some query. I am civilly married with a Filipino but we’ve been living separately for more than 10 years now, I have a boyfriend now from London and we are planning to get married. Is my marriage with my x husband still considered as valid considering the length of time we lived separately without any support from him for me and my children?

    Thank you, looking forward to hear from you soon.

  107. Relyn Corpus

    Hi,
    I was married without the knowledge of my parents in 1990. they petitioned me as single in 1991 however before I migrated to the US in 1996 my marriage was annulled as it was not consummated because my wife did not come back to me . I am now applying for US citizenship. will this affect my application? because my petition was initially single but was annulled as I mentioned. thanks and God bless

  108. coolchic

    Hi Atty.,
    I have a question. Me and my bf are planning to get married here in the Phils. My bf is a filipino but he is alreaady a naturalized american and divorce now..He was already american citizen when he got married here in the phils last 1994. My question Atty. are does divorce valid in the Phils,do we have a chance to get married with out him filling an annullment? Please help us..

  109. bong

    May tanong po ako sa inyo Atty.

    Ako po ay isang US naturalized citizen at nag asawa ng Americano kinasal po kami sa simbahan dito sa US at kinasal din po kami sa Pilipinas. Ngayon po ang tanong ko kung mag divorce kami dito sa US kailangan pa ba naming mag file ng annulment sa Pilipinas dahil kinasal din kami dun? Salamat po! Maghihintay po ako ng inyon kasagutan.

  110. eva

    hi. my cousin has a us citizen boyfriend, they have plan to marry but they can’t apply for license here in the Philippines since her previous marriage is not yet annulled but been separated for several years now. The man wants her to visit in the u.s. and suggested to file a divorce as well. is this possible for her to do? Can a marriage during her stay as visitor in the u.s. would be possible too? If he cant file a divorce, do still a marriage take place without the divorce papers to be presented? How long a divorce application be granted? what are the restrictions? Please need your advice.

  111. Pink

    Hello Atty! I find your site very helpful and informative. I do need your legal advice here and may i request that you give me a reply at my email given above. Thanks.
    Here it is. My boyfriend is a US Citizen serving in the Military, married to his wife here in the Phils twice (same person) one in Civil and one in Church. His wife leter became a US Citizen. The thing is he wants to file a divorce in the US. I’ve read from lots of forums that a Divorce filed by a foreigner (US Citizen) is considered valid and will be recognized here in the Phils. Thing is, i learned that he only has to ask for this document in the US so he can marry here in the Phils, and have a notaried affidavit in the US Embassy in Manila and his Divorce Decree, marriage license and my birth certificate.
    My question is, him being a US Citizen says that he is no longer covered in the Family Code of the Phils, so he doesn’t need an anuulment. Here it is, Divorce Decree lang ba ang kailangan namin, the affidavit and the document from the US allowing him to marry again here in the Phils? Before we marry, is there any court appearance or court hearings that is needed? How about his marriage license to his first wife? kailangan ba mawala muna yon before we get married or is it ok naman, because he is a US Citizen? thanks alot and I will be waiting for your reply.

  112. york

    Dear Atty,

    I am so confused, i want to file an annulment case against my wife whom we had 6 kids in a row, i also have 1 son as my back subject to the girl whom i love since 2 years back til now and we are planning to stay together next month. I loved this girl whom i am 12 years older. BTW, during the civil marriage i had in my wife, we are not present in the ceremony but only my mom was there, she asked us to sign the Marriage contract and forged all the guardians signature. When i checked at the NSO, it is there and legal, how will i start my annulment process by then? my Wife is a nagger and hot tempered. We are still under one roof but only sometimes coz she has work in Manila and me also around the country and abroad.

    PLease help me how will i start. I just want to support my 6 kids and start a new life to the mother where i have backed subject.

    Thank you and will wit your reply.

  113. xyra

    Hi Atty.Greetings…I need some advice for my friend,she really are in deep stressed right now:(:(,she is maried to an american and separated for over 3 years.My question is: Can a filipina get anulled even without her american husband? or Can her husband file a divorce from his country acceptable her in philippines and be valid? what if she remarry is there any possible headaches in the future to gain visa abroad?

  114. shannon o wildman

    need help for niece…. she wasborn in usa. moved to philipines. married there. now they want to divorse. how do i find her a lawyer here when she lives there? know any lawyers i can call? thanks, shannon

  115. confused_girl

    Hello…I just want to ask what’s the best thing to do with our marriage.. I was pregnant 9 years ago and it happened that the father of my child was in United States during that time and his family decided that we got married while he was in US and I was here in the Philippines because they want to give their surname to my child.. His family just fixed our marriage contracts to be registered in National Statistics Office.. It’s because they are related to the Mayor of their town that’s why they were able to produce a marriage certificate and registered at the NSO.. Bottom line…kinasal kami while he’s in US and I was here in the Phils.. Pinapadala lang through DHL ung certificate para pirmahan… My question is, “Is our marriage valid?” We are no longer in good terms and I want to stay single and unattached and take back my maiden name… What should I do? I’m really confused… Please help me answer my questions.. Thanks…

  116. hi can you give me your e mail address so can i ask about my problem,thank you

  117. desh

    hello atty.. i am married to US citizen last yr of july lng and then after that like since long distance affair no time minsan busy xa so this past few monnths like november seems prang nagkkalabuan na kami parang nagbago naxa and prang wla na ung sweetness namin sa isat isa and to be honest mejo sa financial capabilities nya eh kulang tlga wla pa ming baby peo nag file xa ng k 3 visa sa florida and then gusto ko sna makipag hiwalay na sa knya pra in cased na makahanap ako ulit ng iba pano kaya un? can u pls pm me sa email add ko prang fall out of love kc ang nangyri and then netong bgo mag new yr hindi naxa maxadong tumatwag and no email na din dont know why hindi naman xa nagrereply sa mga email ko so iniisip o much beter na find nalang ako ng way like legal separation or divorced pra if mag decide ao ulit magpaksal hindi ako mahihirapan.. thanks…email add ko is desh_randy@yahoo.com ill wait for ur reply atty,,

  118. myrriam

    hello atty…my bf and i are planning to get married next year in the Philippines. He got married civily in Manila and left after 4 months to go to US. The ex wife got married in the US already. they have divorced papers. My bf is not yet US citizen, is the divorced papers valid ? Can we get married?

  119. lemmy

    hi…..i’m glad i found this website..i’m very stress right now..i am married in the philippines last december of 06,and have a 2 year old child.i left phils a year ago to come and work here in canada.i want to file an annulment but my problem is my husband lives with my child and my mom’s house back home.he does not agree with the annulment.and what’s worst is that i am pregnant here by a canadian.my canadian bf wants to marry me to aviod deportion but i declared my marraige in the phils to the immigration in canada.please advice me…i certainly need help.
    thank you so very much..and more power to your career..

  120. Vhi

    Hi Atty….I am a naturalized UK Citizen since 2006….i was married in the phils with a filipino guy in 1989 and we have 2 kids….my ex husband is still filipino citizen and we have been separated for more than 5 years now…..i have already spoken to 2 solicitors about divorce here in uk…..and my exhusband and my mother went to see a lawyer in the phils inquiring about the annulment of marriage but they were advised that it’s easier to get a divorce and we can both remarry in the phils if we want to….is that right?….am i allowed to remarry again in the phils if i obtained a divorce here in uk?i am just confused……i have read about the case of republic vs orbecido but it simply pertains to the filipino spouse or did i just not understand its content?….pls enlighten me as i want to get married in the phils again if ever….thanks a lot

  121. Joanna

    Hi, I married a Filipino man 5 years ago in Australia – he was at that time filing for citizenship. In that time we had two beautiful daughters, one whom he has not met. We have now been seperated for 8 months due to his gambling addiction and physical abuse towards me. During the time of our marriage he had a visa problem. He was deported back to the Philippines and returned back to Australia after two years after I sponsored him. However, during for the first two years of our marriage, he was still legally married to his wife in the Philippines, which i did not know about. He then got a divorce in Australia against her. What I want to know, is our marriage legal here in Australia or is it void? I want to change my name and my daughters name back to my maiden name through deed pole. He has no contact with our daughters and does not want to contribute to their support. Sadly, I feel that he only used me to gain Residency in Australia. I feel so stupid. I just want to move on from him and have ties with him. Does anyone have any suggestions what processes I need to do?
    Thank you so much, Any help will be appreiated.

  122. Maribeth Ang

    Hi ! May I know how often should a partner be drunk to be categorized in “habitual alcoholism” to file separation? My husband mentioned that he can never changed his habit , he is used to drinking every end of the week in heavy state, aside from the weekdays ( 2 to 3 times) which burdens me coz I cannot tolerate the smell and his attitude when drunk. We are in cold relationship due to his habit and he even told me one time that if I cannot accept him this way, I have no choice, coz he cant help himself. This is just one aspect , Im willing to discuss the other problems in private.

  123. Lorraine

    HI…I am a filipina married to a british national here in the Philippines.Paano ko malalaman na my husband divorce me already?As he is in UK now at andito naman ako sa pilipinas.

  124. desh

    hello atty this is desh my american husband is filling divorce now in florida since hindi pako nakakarating doon do u think they will grant it? lucky i met this guy from georgia who wants to marry me once divorce is already granted and he will petition me to get mariend in US..does it honored here in the philippines once i got the divorce paper stating that its already granted? what things i need to do in order for me to get married again… hoping for ur reply desh_2185@yahoo.com thanks

  125. sha

    hello atty! ask ko lng po , what legal action ang dapat gawin. I got pregnant when i was 24, so we decided to get married. (civil) with consent. pero wala pa akong pinapalitan up to now ng mga document ko.. yung dti ko pa din surname ang gamit ko.. kahit sa office d ko pa din pinapalita, single pa din ako dun..
    Separated n din po kmi because he’s so irresponsible, up to now, wla p din syang work, di din cya nag bibigay financially sa amin. so feeling ko single parent n ako.. i just want to ask kung anu pde i file n action sa knya. and how about my status, kahit b wla akong napalitan sa mga documents ko married n din b dapat ang isulat ko sa mga status? and how about the surname of my child? pde ko p b ipapalit ung surname nya at di n gamitin ang surnme ng husband ko? tnx..

  126. Rach

    Hi! my husband is a lawyer. He has a previous marriage. He was diagnosed with a narcissistic personality disorder in his previous marriage. He had let me believe that it was just to convince the court that their marriage has a ground for annulment. After 2 years of being married with him, I realized that he really has an npd! I can’t stand him anymore. He keeps on emotionally and verbally abusing me. I now feel less of a person because of him. He would even used to physically hurt me. He’s so much the same with the articles I found below:

    http://blog.worldvillage.com/health/the_lament_of_the_narcissists_codependent_wife.html

    http://blog.thenarcissistinyourlife.com/2009/05/19/the-endless–demands-of-the-narcissistic-husband-or-wife.aspx

    If I decide to annul our marriage and use his previous diagnosis and his previous annulment, will there be a strong chance that our marriage will be anulled if he will (anticipatingly) fight for it and make up stories, threaten me, if he will try to sound credible in court?etc (basing on his np disorder)? So far the evidences I have are my testimony, pictures of my bruises, a medical certificate it happened even when I was 2 months pregnant with our baby), a recorded file (from a cellphone, his previous diagnosis. I’ll still have to request for a copy of the decision of his annulment with annotation in NSO. Will there be a strong chance that our marriage will be annulled if I have those evidences? There’s a lawyer whos’ willing to help me and a psyschologist. What do you think atty? Do I have a strong chance? Thanks atty!

  127. marie

    hello atty. i have a question. my bf may nabuntis now the girl is married here in the phil. pero nag hiwalay na sila nung asawa nya ung asawa nya nasa us na ngaun us navy sya.. sbi ng girl sa boyfriend ko divorce na daw sila.. ung una nyang asawa nagfile daw sa us. pwd ba un? ngaun gusto ng girl pakasalan sya ng boyfriend ko.. is it possible na pwede sila pakasal? ksi pag kakaalam ko since ung girl kasal sya d2 sa philippines khit na nasa states ung guy khit na dun nag file hindi pwd yun dba? am i right? need your answer tlga atty. pa email nlang po amfs_20@yahoo.com thanks.

  128. Che

    I have a friend who got his divorce out of the country by his foreign wife. I’ve heard you can file a Petition of foreign divorce in the Philippines. What are the requirements needed and how long does it take to be finalized and how much do you charge on this kind of case?

    I would appreciate if you can email me back the information

    Thank you.

  129. heiryn

    Question: Married ang status nung “guy” sa Pilipinas pro sa Canada, single status sya. Nagkaroon ng common-law yung “guy”, Canadian Citizen na sya ngayon, nag-file ng divorce at naaprubahan. Ang tanong: Pwede bang magpakasal dito sa Canada yung “guy” at common-law tutal pareho na silang Canadian citizen at paano kung sa Pilipinas magpapakasal me kaso kayang maihahabla sa “guy”? Or what if gustong magbakasyon yung “guy” sa Pilipinas…me kaso kayang naghihintay sa kanya?

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