[albert einstein]

My girlfriend is from the phillippens and I am from canada. She is in canada right now working, and is still legally married in the phillipens. Dpes anyone know if she would post an add the papers down there, and would she then be able to get a divorse in canada if no one responded to stop her in the add?

[cdad]

You might need to research here because canada might not have jurisdiction in this matter and she may have to take it up in her home country.

Divorce Jurisdiction

[cadillac59]

If she meet the residency requirements for her Canadian province then she probably can simply get the divorce in Canada. That's how it works in the US.

[Fr_Chuck]

And you can not get a divorce by simply posting in a news paper, that is merely one method of notification if you don't know where they are, after a proper search for them. And that method is very expensive. You still have to have a court hearing, maybe several

[cdad]

If she meet the residency requirements for her Canadian province then she probably can simply get the divorce in Canada. That's how it works in the US.

Im not really sure how applicable it is because the spouse may still be living in Philippines and that may be enough to hold jurisdiction. The reason being is there is no divorce in the Philippines there is only coupling and un-coupling. Not quite sure how that would work.

Philippines Divorce, Prenuptial, Separation, International Family Law

Seems to get diluted in the mix somewhere.

[lighterrr]

Have you contacted an Immigration lawyer in Canada, perhaps they can be of assistance

[cadillac59]

Im not really sure how applicable it is because the spouse may still be living in Philipines and that may be enough to hold jurisdiction. The reason being is there is no divorce in the Philipines there is only coupling and un-coupling. Not quite sure how that would work.

Philippines Divorce, Prenuptial, Separation, International Family Law

Seems to get diluted in the mix somewhere.

US law universally states the a US court has jurisdiction over the "marital res" once the petitioning party meets the specific state residency requirements. Personal jurisdiction over the other spouse is not necessary for the court to enter an order terminating marital status. It doesn't matter where in the world the absent spouse resides, where the parties were married, or what the divorce laws are in the place of residence of the absent spouse. A caveat is that a US court has to have personal jurisdiction over an absent spouse to divide martial property, allocate debt, award spousal support and so on. But a court always has jurisdiction to terminate marital status.

[lighterrr]

US law universally states the a US court has jurisdiction over the "marital res" once the petitioning party meets the specific state residency requirements. Personal jurisdiction over the other spouse is not necessary for the court to enter an order terminating marital status. It doesn't matter where in the world the absent spouse resides, where the parties were married, or what the divorce laws are in the place of residence of the absent spouse. A caveat is that a US court has to have personal jurisdiction over an absent spouse to divide martial property, allocate debt, award spousal support and so on. But a court always has jurisdiction to terminate marital status.

I thought the op was in canada

[cadillac59]

i thought the op was in canada

You're right, she did. And that's why I said she needs to check with a Canadian lawyer about this (I think I said that). The odds are pretty good that Canada takes the same approach as we do at the very least about marital status.

[ylaira]

Her status in Canada is temporary and has to go back to Phils, as I understand. I äm not suggesting this but actually even if she marries in Canada, she won't be responsible or charged with bigamy=though she declared she is married on her papers when entering CA. It is however sounds a little unfair for the husband in the Phils. If you want to make things clear, no hang ups, she must file an annulment in the Phils when her work permit expires.

Seek help with the Canadian Immigration and lawyers for the best options ..as others said.