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Primary Contact 316 Mile Long Building Amorsolo Street Legaspi Village Makati City 1200 Philippines Telephone: (632) 8941441 TeleFax: (632) 8124296 e-mail: gtalaw@gtalawphil.com
Office Hours 9:30AM to 5:30PM PH Time Monday - Friday
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ANNULMENT 101: Philippine Annulment Law Made Easy
LESSON VIII:
DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?
GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.
Q. I am a former Filipino citizen married to a Filipino citizen. I have recently obtained a Decree of Absolute Divorce of my marriage in the Philippines from the Circuit Court of Cook County, Chicago Illinois. Do I still need to file an Annulment Petition in the Philippines?
GTALAW: No. There is no need for you to file another Petition for Annulment in the Philippines. The Decree of Absolute Divorce can be recognized in the Philippines because you are no longer a Filipino citizen when you obtained the Decree from the Circuit Court in Cook County in Chicago, Illinois. Please see case of LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000.
Q. Recently, I went to the local Civil Registrar in Quezon City to record in my Marriage Contract, the Decree of Absolute Divorce which I obtained from Baltimore County Circuit Court in the United States. I told them that I am no longer a Filipino citizen when I obtained the Decree of Absolute Divorce. But the Local Civil Registrar refused to record my Divorce without a Court Order from the Philippine Courts. What should I do?
GTALAW: The Local Civil Registrar correctly refused to annotate your Divorce Decree in your marriage Contract. You have to file a Petition for the Recognition of a Foreign Judgment of Divorce at the Regional Trial Court. You will need an experienced lawyer to do this because there are intricate legal procedures involved in this process.
Q: What if my ex-wife, who is a Filipina, was the one who a obtained a Divorce before American Courts. Is the Divorce valid? Is she entitled to remarry under Philippine Law?
GTALAW: No. The Divorce obtained by your Filipina wife is not valid. She is not entitled to remarry because the Divorce which was obtained by her before American Courts is not recognized under Philippine Law. As a Filipino citizen, the Family Code of the Philippines should be followed on how her marriage will be dissolved.
Q: My husband is a legal permanent resident in California U.S.A. Just recently, he obtained a Divorce in America. Is the Divorce valid under Philippine Law?
GTALAW: No. The Divorce is not valid under Philippine Law. Your husband is still a Filipino citizen even though he has a legal permanent status in the U.S. As a Filipino citizen, the Family Code of the Philippines should be followed on how your marriage will be dissolved.
:: Related Topics
Lesson I: Annulment of Marriage
Lesson II: Declaration of Nullity of Marriage
Lesson III: Issues about Marriage License
Lesson IV: Issues About Psychological Incapacity
Lesson V: Court procedure and evidence to prove psychological Incapacity
Lesson VI: Solutions for Petitioners Working Overseas
Lesson VII: Issues after the issuance of Annulment Decision
Lesson VIII: Divorce obtained by former Filipino citizens
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Read latest decisions of the Supreme Court on Nullity of Marriage |
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Contact Us |
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How to file a Petition for Annulment or Declaration of Nullity of Marriage? |
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Step-by-step procedure in filing a Petition for Nullity Nullity of Marriage |
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Read the Rule on Declaration of absolute Nullity of void Marriages and Annulment of void Marriages |
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