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rcky8us
Mar 11, 2009, 01:36 PM
I got married to a women in the Philippines when I was in the military and not have heard from her since I came back to the United States and I do not know if she still lives where she was at. Can I file for a divorce or an annulment?

Fr_Chuck
Mar 11, 2009, 04:58 PM
You will have to file for a divorce, how do you "lose" your wife, when you came back to the US, you just left, did not mail or write her, did not email her??

But you will need an attorney and file for divorce

ylaira
Apr 8, 2009, 04:59 PM
How long has it been? If you married her here, try to file an annulment since there's no divorce here. However there's a difficult chance that it will be granted because just she's missing. There's a case like that here, famous singer and TV host. The other one went missing so partner filed annulment but it was junked by supreme court. You must find her first.

cadillac59
Apr 8, 2009, 05:36 PM
You need to say what state you are in.

You probably are looking at a divorce rather than annulment. Annulments require specific grounds be established, whereas many (maybe most) states allow for no-fault divorce, which is very easy to get by comparison.

Annulments are only useful if you fear a spouse will ask for equal division of property, spousal support, attorney fees, things like that, which may not be owed if a marriage is annulled but would be in a divorce.

ylaira
Apr 9, 2009, 02:25 PM
You need to say what state you are in.

You probably are looking at a divorce rather than annulment. Annulments require specific grounds be established, whereas many (maybe most) states allow for no-fault divorce, which is very easy to get by comparison.

Annulments are only useful if you fear a spouse will ask for equal division of property, spousal support, attorney fees, things like that, which may not be owed if a marriage is annuled but would be in a divorce.

He married the woman in the Philippines, He didn't just say " I married a woman from the Philippines." and there's no divorce here. Just an annulment, regardless of the grounds. You must follow the law of the place where the marriage was took not where the couple came from.

cadillac59
Apr 9, 2009, 04:10 PM
He married the woman in the Philippines, He didn't just say " I married a woman from the Philippines." and there's no divorce here. Just an annulment, regardless of the grounds. You must follow the law of the place where the marriage was took not where the couple came from.

No, sorry but you are wrong. It doesn't matter where in the world the marriage took place. It could have taken place in Outer Mongolia and it wouldn't make a bit of difference. It doesn't matter either if the wife had never left the Philippines. Husband can still file for divorce (not annulment) in any state in the US he wants and the court has jurisdiction to terminate the marriage. That's the law in the US. Now, whether the divorce would be recognized in the Philippines, who knows and who cares? He doesn't live there anyway.

And my answer about a divorce versus an annulment was correct. You need grounds for an annulment, but not for a divorce in most states. The law of the Philippines is irrelevant to this OP's question.

ylaira
Apr 9, 2009, 06:39 PM
No, sorry but you are wrong. It doesn't matter where in the world the marriage took place.


Husband can still file for divorce (not annulment) in any state in the US he wants and the court has jurisdiction to terminate the marriage.

You mean US Court can overrule other country's law? That's wrong!! If that's your thinking you shouldn't leave where you are. I believe even every state has their law that sometimes different from other state.

Going back, if he files for divorce, that request will be forwarded here, sure that paper will be in vain because there's no such law here and he will be asked to file annulment instead. I doubt a law for divorce will suddenly show up in our constitution just because US, the super country requested it.

This also applies for other cases like crimes that took place here involving an American: rape, murder etc, buying property, adoption (look at Madonna when she tries to adopt Malawi kid).

Bottom line: If you married someone in Afghanistan, you follow Afghan rule. If you married someone in South Africa, you follow South African rule. If you want to have American rule, marry in the United States. End of the story.

rckyus8, kindly check http://www.bcphilippineslawyers.com/marriage-annulment-divorce-in-the-philippines/430/

cadillac59
Apr 9, 2009, 09:44 PM
You mean US Court can overrule other country's law? That's wrong!!!!! If that's your thinking you shouldn't leave where you are. I believe even every state has their law that sometimes different from other state.

Going back, if he files for divorce, that request will be forwarded here, sure that paper will be in vain because there's no such law here and he will be asked to file annulment instead. I doubt a law for divorce will suddenly show up in our constitution just because US, the super country requested it.

This also applies for other cases like crimes that took place here involving an American: rape, murder etc, buying property, adoption (look at Madonna when she tries to adopt Malawi kid).

Bottom line: If you married someone in Afghanistan, you follow Afghan rule. If you married someone in South Africa, you follow South African rule. If you want to have American rule, marry in the United States. End of the story.

rckyus8, kindly check Marriage Annulment & Divorce in the Philippines | Philippine Law Firm (http://www.bcphilippineslawyers.com/marriage-annulment-divorce-in-the-philippines/430/)

You flat out do NOT know what you are talking about. It's a simple as that. And I do hope this OP pays NO attention to any of your mindless, nonsensical rants.

It's got nothing to do with "overruling" some other country's law (whatever that has reference to). Pay attention for one moment, OK? This OP does NOT live in the Philippines. He lives in the US. Right? So why should he give a hoot what Philippine law says about the validity of his divorce to a Philippine citizen living in the Philippines? He doesn't care! It doesn't matter, don't you get it? That's the whole point! Now, sure, maybe the Philippines won't recognize the divorce in the US. Fine. What difference does that make if he never goes there and has nothing to do with that country? Further, why would anyone in the Philippines even care in the first place? Consider this. Let's say he goes to court in the US and a judge grants him a divorce. So now he's legally divorced in the US, all 50 states have to recognize it, and he remarries and has a family and all of that. Now, what is anybody in the Philippines going to do about that? Let's say Philippine law still says he's married to the Philippine wife. OK, fine. SO WHAT? That's not going to change a thing as far as AMERICAN law is concerned, he's still going to be married to the new wife as far as his life in the US is concerned. And that's all that matters anyway.

So bottom line: go to law school, do some legal research, ask an American family law attorney and specialist in family law ( I happen to be both an attorney and family law specialist in California) but stop making comments about things you know nothing about.

I represented a lady married in the Philippines, now living in California, who has a husband overseas in a middle eastern country. I got a divorce for her right here in California. No problem.

By the way, divorce petitions are not "forwarded" to the country where the parties got married. That has got to be the most preposterous and ignorant thing I've ever heard anyone on this board ever say. Here's a news flash for you: Guess what? You do NOT have to get divorced in the same country where you got married!

ylaira
Apr 10, 2009, 02:37 PM
I don't need to brag what's my educational attainment but I do have masteral degree at 24, graduated with flying colors and had an aunt with almost same case. My aunt resides in NJ. Not went missing.

rcky8us, good luck to you!! Hope the link I gave you helps and your case belongs to special circumstance case.

Why don't you hire this cadillacman instead? I think he knows EVERYYYYYYYYYTHING!

cadillac59
Apr 10, 2009, 02:44 PM
I don't need to brag what's my educational attainment but I do have masteral degree at 24. Oh so you're a lawyer.? Wow...Lawyer's don't share equal opinions in law anyway....lawyer's job is to twist thing as much as they can and they're making money that's the best part....end of the story.

rcky8us, good luck to you!!!!

Right. I'm twisting 2+2=4.

All I am saying is if you don't know the answer to a question just either say you don't know and be honest or say nothing. Don't just make up some answer and pretend to know something you don't know anything about, such as you have been doing.

By the way, I looked at your little link to Philippine law. Very interesting. But guess what? I don't live there. I'm never going to live there and I very much doubt I'm ever going to even go there. My clients don't live there, this OP doesn't live there. Therefore, why should we care about Philippine law on divorce? Why would I care about the 'special circumstances" exception in Philippine law pertaining to people who marry and divorce outside of the Philippines and the fact that the Philippines will recognize a divorce in that specific case? I care about American law, and California law in particular and, here's a newsflash for you: Philippine and American law are different!

If this OP meets the residency requirements, he can divorce his Philippine wife in a court in California and his divorce from her will be valid in California and in every state in the US. Will it be valid in the Philippines? Probably not. But who cares? He doesn't care, I don't care, nobody cares of course except YOU, for some bizarre reason.

ylaira
Apr 10, 2009, 03:53 PM
All I am saying is if you don't know the answer to a question just either say you don't know and be honest or say nothing. Don't just make up some answer and pretend to know something you don't know anything about, such as you have been doing.

I'm not a lawyer but I'm not pretending to be expert here. I'm just trying to be help in my little way. This is board. Not everyone has to be an expert. I just based my opinion on what happened and what my Aunt went through, a US Citizen based in NJ when trying to terminate my her marriage here. If making her a Filipino citizen at the time of marriage, or there are major changes in laws, she's a NJ based, or she's not aware and her lawyer about remote divorce I don't know. World could have been easier for her if she did divorce in NJ. Process took years and years. There... I'm just sharing what I watched for years. But if what you're right, then good because it will be a lot easier to our friend. Never mock anybody's opinion, intelligence even if you think you know more. Also, not all cases like this are the same. Thank you.

lawanwadee
Apr 10, 2009, 04:05 PM
I got married to a women in the Philippines when I was in the military and not have heard from her since I came back to the United States and I do not know if she still lives where she was at. Can I file for a divorce or an annulment?

First you must register your marriage in the Philippines at county office in your jurisdiction (city/state where you currently live), then you can file for a divorce to the family court in your state. Annulment is normally proceeded on ground of fraud, so I don't think this is the right channel.

cadillac59
Apr 10, 2009, 04:08 PM
I'm not a lawyer but I'm not pretending to be expert here. I'm just trying to be help in my little way. This is board. Not everyone has to be expert. I just based my opinion on what happened and what my Aunt went through, a US Citizen now based in NJ when trying to terminate my her marriage here. If making her a Filipino citizen at the time of marriage, or there are major changes in laws, she's a NJ based I don't know. Process took years and years. There....I'm just sharing what I watched for years. But if what you're right, then good because it will be a lot easier to our friend. Never mock anybody's opinion, intelligence even if you think you know more. Also, not all cases like this are the same. Thank you.

I don't know anything about your aunt and it doesn't matter because this OP has a simple question that's got nothing to do with your aunt. Okay?

A. The OP is in the United States, NOT the Philippines.
B. The OP's wife is in the Philippines.
C. The OP wants to and is allowed to file, under the law of every state in the US, for divorce in the state he resides in (once he meets the state's residency requirements).
D. The OP DOES NOT have to go back to the Philippines to get divorced.
E. The state in which the OP files for divorce will apply its own divorce laws in granting the OP a divorce, NOT the laws of the Philippines; therefore, Philippine law is IRRELEVANT to this OP's question.
F. Once the OP is granted a divorce, he will legally be divorced in the US. Even if the Philippines does not recognize the divorce as valid in the Philippines, it does not matter and the OP does not care.

Once the OP files for divorce in the US, he will need to attempt to locate his wife in the Philippines to serve her copies of the divorce petition and summons. This is true. And this might be difficult. Service of process in a foreign country can be difficult, expensive and time-consuming. So I will agree with you that the OP has to try to find the wife. Yes. But once she is served, that's it. The US court can divorce the couple.


F.

cadillac59
Apr 10, 2009, 04:11 PM
First you must register your marriage in the Philippines at county office in your jurisdiction (city/state where you currently live), then you can file for a divorce to the family court in your state. Annulment is normally proceeded on ground of fraud, so I don't think this is the right channel.

Why would he have to "register" his marriage in his city and state? What does THAT have reference to. In California there is no such thing and I've never heard of any such thing in any state in the US. Either way, it is NOT necessary as a prerequisite for filing for divorce.

ylaira
Apr 10, 2009, 07:27 PM
Cadillac, your point is the termination of his marriage and eligibility to remarry in the United States and anywhere in the world except Philippines.

I am after the same only, I want him also be eligible to marry in the Philippines (which you think he won't care about).

Lawandee's point is when you're terminating something, first it must exist. I got no comment about that, I don't know. Ok you said it it's not necessary, fine.

Even if he remarries there, with or w/o divorce, he can't be responsible for bigamy (here) unless this marriage is recognized there, and will create a problem when it comes to division of property to which is which, again I don't know. My assumption is, this is what Lawandee is talking about, the registration of the marriage happened here. Since it is not prerequisite, so divorce is so easy then.

My point is, it maybe more difficult to do it the way my aunt did it, but the ending result is clean. Absolutely no confusions and no "Can I..." Can I", "No according to... "at the end since they're BOTH starting on the clean slate in one process.

I hope this OP responds. And his wife is just somewhere to find.

cadillac59
Apr 10, 2009, 10:53 PM
Cadillac, your point is the termination of his marriage and eligibility to remarry in the United States and anywhere in the world except Philippines.
I am after the same only, I want him also be eligible to marry in the Philippines (which you think he won't care about).

I think you are starting to understand my point. But, you say you are concerned about the OP's ability to remarry in the Philippines after a divorce in the US the Philippines won't recognize. But why? Did the OP say he was planning on returning to the Philippines to find another wife? I didn't read that in his question anywhere, so why assume this is an issue? That's what baffles me about your logic.

As the remainder of your last post, I can't make heads or tails out of anything you said so I obviously have nothing to say about it.

ylaira
Apr 11, 2009, 05:11 AM
My point is, it maybe more difficult to do it the way my aunt did it, but the ending result is clean. Absolutely no confusions and no "Can I..." Can I", "No according to..."at the end since they're BOTH starting on the clean slate in one process.


I guess I'm just a type of person who wants thing to run smooth in the future. I don't like burning bridges.

Another thing, as you said, his wife's signature is necessary. That's what I'm talking about when I say "forwarded". If I'm the wife, unless I've settle my life somewhere else (like that client's husband you mentioned), I'll say "Oh you're divorcing me and that makes you single again in your country. How about me here? I'll file annulment myself? It's feels endless when terminating marriage here. We will do it together so I won't sign those papers for your quickie freedom. You want to be single again, you work for it, here. Include me. Capische? "

If his wife is capable enough and willing enough to file an annulment herself, then he's lucky. I'm just sharing how MOST people are wired here.

cadillac59
Apr 11, 2009, 10:24 AM
I guess I'm just a type of person who wants thing to run smooth in the future. I don't like burning bridges.

Another thing, as you said, his wife's signature is necessary. That's what I'm talking about when I say "forwarded". If I'm the wife, unless I've settle my life somewhere else (like that client's husband you mentioned), I'll say "Oh you're divorcing me and that makes you single again in your country. How about me here? I'll file annulment myself? It's feels endless when terminating marriage here. We will do it together so I won't sign those papers for your quickie freedom. You want to be single again, you work for it, here. Include me. Capische? "

If his wife is capable enough and willing enough to file an annulment herself, then he's lucky. I'm just sharing how MOST people are wired here.

No, I'm afraid you are not paying attention or understanding what I am saying. I never said the OP's wife's signature was "necessary" on anything. No. What I said was that every US court will require service of process on the wife, which does not require her signature on anything, or her consent to anything. All "service of process" means is that someone locates the wife in the Philippines and hands her some papers (there are other ways of doing this if she cannot be found). That's it. So, the OP can still get his divorce in the US that is valid in the US (even if not valid in the Philippines) and then go on with his life and forget about the wife in the Philippines. That's what I would expect him to do. If the US divorce is invalid in the Philippines and the wife in that country still cannot remarry, then that's her problem. Let her do whatever she has to do under Philippine law to get divorced, have an annulment, whatever. The OP is here writing about HIS problem and what he can do for HIMSELF. Why should he care about the Philippino wife who's disappeared?