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Can my US Citizen ex husband file for a divorce even though we are already divorced?


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#1 Barbiegirl

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Posted 31 January 2015 - 04:07 PM

I'm not sure if This should be posted here, but here goes..

My greencard holder ex & I got married in 2011 at Madonna Chapel in El Monte, CA, but got divorced after because of irreconcilable differences. I then got married to my present husband, dual citizen, in 2012 at Fullerton Court. I got my temporary greencard in 2013.

We are planning to have a church wedding in the Philippines, and found out about the required cenomar. So, like what everyone else is doing, I researched on the internet. I learned that in the Philippines, my marriage with my present husband is null & void because I am still married to my ex.

My question is, now that my ex husband is already a US Citizen, can he file for a 2nd divorce, even though we are already divorced, just so our marriage dissolution will be recognized in the Philippines?

Another question: when the time comes that I will be a US Citizen, can my husband & i get married in the Philippines because I am no longer a Filipino citizen?

I badly need help. Our proposed wedding is in 2017.

#2 Fritz

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Posted 31 January 2015 - 11:09 PM

1) Your ex can file for US divorce as a US citizen.

You will then need to have the final decree "authenticated" by a Philippine Consulate in US then obtain a Judicial Recognition of the divorce by a Philippine court.

 

2) After you naturalize as a US citizen, you will be able to file for a US divorce as a US citizen.  Again the divorce decree needs to authenticated & then recognized by a Philippine court

 

As long as the divorce is filed by a "foreign national" it will be valid in Philippines.  You become a foreign national for legal purposes as soon as you are awarded US citizenship.  Retaining Philippine citizenship does not matter as long as you are a US citizen filing in a US court.  (or other foreign citizenship filing where you are permitted by local law)

 

If your ex was a Philippine citizen living in US as a Resident Alien when he file the divorce, it will not be valid in Philippines, but you are legally divorced everywhere else.  You will need to consult with a local lawyer to ask if you or your ex can file a new petition as a US citizen to obtain a US divorce that will be valid in Philippines.  If the answer is no, then you will need to contact a lawyer in Philippines who can process an annulment for you.  The annulment can be filed by either you or your ex regardless of present citizenship status.

 

3) Foreign nationals can marry in Philippines.  Neither residency nor citizenship are required.

 

4) After you naturalize as a US citizen, check your Philippine Consulate's website for instructions on availing RA9225 which allows you to retain Philippine citizenship and be a dual citizen of both US & Philippines.

 

Be sure to allow plenty of time for the Judicial Recognition of the divorce as it may be delayed by court procedures.  Allow a year for the process and you should be safe on that score :)

 

Your children born while you have Philippine citizenship will be eligible for Philippine citizenship as the child of a citizen.  File a report of birth with your consulate to register your children as Philippine citizens.  Availing RA9225 after you naturalize will allow children born after you become a US citizen to also claim Philippine citizenship.

 

The adventures continue

Fritz


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know it when you see it and
have the good luck to get it
... and keep it!!!


#3 Barbiegirl

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Posted 31 January 2015 - 11:14 PM

Hi Fritz!

Thank you so much for your reply. You gave me hope. :)

So let me just clear this.. You mean, my US Citizen ex husband can file for another divorce so that our divorce will be recognized in the Philippines? :)

Thank you very much!

#4 Fritz

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Posted 31 January 2015 - 11:23 PM

That depends on local law.  Contact a lawyer dealing with divorce law to see if it is possible.  Worst case, you or your ex will file for annulment in Philippines.  Either way you will end legally divorced under Philippine law and free to remarry :)

 

God Bless

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#5 rbacon

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Posted 01 February 2015 - 07:13 PM

My advice, besides the excellent overview already provided by Fritz, is as follows:

 

1.  You really need to consider whether having your U.S. divorces recognized in the PI is worth the time, expense and general hassle.  The Judicial Recognition of a divorce, to enable you to legally remarry there, has become more difficult of late, and now competes with the easier annulments in time and legal expense.  

 

2. To accomplish your goal of marriage in the PI, you will need to elicit the cooperation of your "ex" to obtain a second divorce.  Good luck with getting that cooperation.  If my ex-wife asked me for a favor like that, after all the expense and warfare of the first divorce, I'd tell he I'd think about it (for a long time).

 

3.  Assuming all goes as planned, after a second divorce in the States, dealing with the Los Angeles Phil. Consulate, then using an attorney in the Philippines, using the court system there, the NSO, the DFA, not to mention the expense and hassle of a second marriage to your present husband (and you're already married to him, anyway), you're biting off more than you can easily chew over the two years or more it will take to accomplish your goal.

 

Pardon my cynicism, but why don't you use all the money this would cost you for a good down payment on a new home in expensive California.

 

--Ray B

I'm not sure if This should be posted here, but here goes..

My greencard holder ex & I got married in 2011 at Madonna Chapel in El Monte, CA, but got divorced after because of irreconcilable differences. I then got married to my present husband, dual citizen, in 2012 at Fullerton Court. I got my temporary greencard in 2013.

We are planning to have a church wedding in the Philippines, and found out about the required cenomar. So, like what everyone else is doing, I researched on the internet. I learned that in the Philippines, my marriage with my present husband is null & void because I am still married to my ex.

My question is, now that my ex husband is already a US Citizen, can he file for a 2nd divorce, even though we are already divorced, just so our marriage dissolution will be recognized in the Philippines?

Another question: when the time comes that I will be a US Citizen, can my husband & i get married in the Philippines because I am no longer a Filipino citizen?

I badly need help. Our proposed wedding is in 2017.

 

I'm not sure if This should be posted here, but here goes..

My greencard holder ex & I got married in 2011 at Madonna Chapel in El Monte, CA, but got divorced after because of irreconcilable differences. I then got married to my present husband, dual citizen, in 2012 at Fullerton Court. I got my temporary greencard in 2013.

We are planning to have a church wedding in the Philippines, and found out about the required cenomar. So, like what everyone else is doing, I researched on the internet. I learned that in the Philippines, my marriage with my present husband is null & void because I am still married to my ex.

My question is, now that my ex husband is already a US Citizen, can he file for a 2nd divorce, even though we are already divorced, just so our marriage dissolution will be recognized in the Philippines?

Another question: when the time comes that I will be a US Citizen, can my husband & i get married in the Philippines because I am no longer a Filipino citizen?

I badly need help. Our proposed wedding is in 2017.



#6 Barbiegirl

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Posted 01 February 2015 - 08:55 PM

Hi Ray,

Thanks for your reply.

I have no problem regarding the cooperation of my ex, and I am not that worried about the expenses. What I am worried about is if it is possible to divorce someone even though you are divorced already? If that's possible, then good :)

Your third point made me think for a while. I told my husband about it, but he said he really wanted to Have a catholic wedding. I told him we can just have the wedding here in CA and that he could just buy plane tickets for his parents who are living in Manila, after all, they're US citizens anyway. But he still wants to have the wedding there.

I looked up on the internet how much it would cost us for my ex to file a divorce. Forums said around $300-$400. But then I still have to take in to consideration that we will also need a lawyer since this is our 2nd divorce..

But then, I remembered, during our first divorce, we were "joint petitioners" then. Is that gonna be a problem?

#7 rbacon

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Posted 02 February 2015 - 01:14 AM

Barbie,

 

Please see my comments below your points:

Hi Ray,

Thanks for your reply.

I have no problem regarding the cooperation of my ex, and I am not that worried about the expenses. What I am worried about is if it is possible to divorce someone even though you are divorced already? If that's possible, then good :)

 

A SECOND DIVORCE IS POSSIBLE,  BUT SINCE YOU HAVE REMARRIED BETWEEN THE FIRST AND SECOND PLANNED DIVORCE, THAT WOULD BE AN ADMISSION THAT YOUR MARRIAGE WAS IN ERROR.  TO GET PAST THAT BARRIER, YOU WOULD HAVE TO REPORT YOUR STATUS AS 'SINGLE' WHEN APPLYING FOR THE SECOND DIVORCE, WHICH WOULD BE UNTRUE.

Your third point made me think for a while. I told my husband about it, but he said he really wanted to Have a catholic wedding. I told him we can just have the wedding here in CA and that he could just buy plane tickets for his parents who are living in Manila, after all, they're US citizens anyway. But he still wants to have the wedding there.

 

IF YOUR FIRST MARRIAGE WAS A CATHOLIC WEDDING, A SECOND CATHOLIC MARRIAGE WOULD HAVE REQUIRED A CATHOLIC  /RELIGIOUS ANNULMENT FROM THE FIRST MARRIAGE..

I looked up on the internet how much it would cost us for my ex to file a divorce. Forums said around $300-$400. But then I still have to take in to consideration that we will also need a lawyer since this is our 2nd divorce..

 

A BAREBONES SELF-HANDLED DIVORCE (DISSOLUTION) IN CALIFORNIA CAN BE DONE FOR A MINIMUM OF ABOUT $400, BUT YOU WOULD NOT NEED AN ATTORNEY.  IF YOU USE AN ATTORNEY, YOU'RE THROWING MONEY AWAY, AS A GOOD PARALEGAL WOULD DO IT FOR A BASE FEE OF ABOUT $600, COMPARED WITH A LOW ATTORNEY FEE OF $3,000+.  i'VE DONE SIMPLE DIVORCES FOR OTHERS IN CALIFORNIA, AND IT'S MORE TROUBLE IN AGGRAVATION AND TIME AND MULTIPLE FILINGS, AND WASN'T WORTH THE MONEY I CHARGED.  NEVADA DIVORCES COMPLETED BY PARALEGALS RUN $600 TO $900, INCLUDING FILING FEES, AND THAT'S A BARGAIN.

But then, I remembered, during our first divorce, we were "joint petitioners" then. Is that gonna be a problem?

 

I DON'T KNOW WHAT WAS MEANT BY 'JOINT PETITIONERS,' AS ONE IS THE PETITIONER AND ONE IS THE RESPONDENT, NORMALLY.

 

--Ray B



#8 Barbiegirl

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Posted 02 February 2015 - 01:21 AM

I see..

My ex husband is "single" or "unmarried" now, so does that make it possible for him to file the divorce against me?

My 1st marriage was held in a non-catholic chapel.. My 2nd, in a court room.. Both held here in CA.. So i don't think annulment's required, right?

I saw our divorce decree, and it says there "joint petitioners".. We filed our divorce in Las Vegas..

#9 rbacon

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Posted 02 February 2015 - 02:00 AM

I see..

My ex husband is "single" or "unmarried" now, so does that make it possible for him to file the divorce against me?

 

YES, BUT YOU ARE REMARRIED, AND NOT TO HIM.

My 1st marriage was held in a non-catholic chapel.. My 2nd, in a court room.. Both held here in CA.. So i don't think annulment's required, right?

 

A CATHOLIC ANNULMENT, IN ADDITION TO A DIVORCE, IS TO ALLOW THOSE WHO HAD A PREVIOUS CATHOLIC MARRIAGE TO REMARRY IN A CATHOLIC CHURCH.  DOESN'T APPLY TO YOU.

I saw our divorce decree, and it says there "joint petitioners".. We filed our divorce in Las Vegas..

 

THE TERM 'JOINT PETITONERS' IS NEW TO ME, AS I SEE NEVADA DECREES ALL THE TIME, AND I'VE NEVER NOTICED 'JOINT PETITIONERS' ON THEM.  NOT A BIG DEAL.



#10 Barbiegirl

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Posted 02 February 2015 - 02:03 AM

Meaning........... He can't file a divorce because I'm already married??? :(

#11 Barbiegirl

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Posted 02 February 2015 - 02:17 AM

So if i remarried, what does that have to do with my ex husband divorcing me?

#12 rbacon

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Posted 02 February 2015 - 02:27 AM

Barbie,

 

Sure he can file a divorce action.  But when filing, he is expected to report your current marital status, and you're neither single nor divorced, so it would seem to an observer that he is either lying about your status on a legal form or believes that the first divorce was not completed correctly (which does happen quite regularly).

 

I have talked to a couple of Filipinas who did similar things to untangle their complicated multiple marriage status before the Embassy interviews.  Since you're not preparing to be involved in a new immigration procedure, what you do won't cause any earthquakes in government offices.  

 

This conjures memories of something my first wife (the Mexican one) said when I told her that many people leave spouses behind and remarry in the U.S. without getting divorced.  She said "but they'll know, won't they?"  meaning the government office where one gets a marriage license.  It's very difficult to find a record of a marriage or divorce in this country (U.S.A.) without knowing at least the State, and maybe even the county where the marriage or divorce occurred.  Whenever we hear of a CFO seminar staff person asking a FIlipina fiancee of an American for proof that he is not still married in the U.S., it's good for a laugh.  The best one can do is get a marriage registry check done in one's U.S. city or county, but that seems to placate CFO staff who have no idea that we don't have a national database of marriages and divorces in the U.S.

 

--Ray B

 

 

Meaning........... He can't file a divorce because I'm already married??? :(



#13 Barbiegirl

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Posted 02 February 2015 - 02:43 AM

Actually, i'm in the process of removing my conditional status on my permanent residency.. Will the 2nd divorce affect the process? Shoul I have my PR granted first before I have him divorce me?

And what exactly does "first divorce was not completed correctly"?

I really appreciate you taking time answering all my questions. Thank you very much :)

#14 rbacon

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Posted 02 February 2015 - 04:55 AM

Barbie,

 

Your second divorce from the ex is not something you would want to show on your I-751 when "removing conditions."  That would be an invitation to investigate the legitimacy of your current marriage.  Ethically, there is no problem with what you are doing....in order to allow you to overcome the Philippine legal barrier of a prior marriage.  But the perception of what you are doing will vary from humor to suspicion of wrongdoing depending on whom you tell.

 

"First divorce was not completed properly" is a situation, quite common, in which divorce paperwork was not processed correctly or finished, thus making you a technical "bigamist" when you remarry.  But improperly-completed divorces are common enough, especially when done by the principals or by professionals who haven't received their fees in entirety.  

 

Since you weren't particularly alarmed by all the steps and possible problems I described earlier, I can only wish you luck, and hope that the hoops and expenses that this plan will thrust upon you won't cause your current marriage to get too rocky.  At the very least, the plans you outlined and the requirements described by Fritz will cost you a big chunk of money and take a long time. 

 

--Ray B

Actually, i'm in the process of removing my conditional status on my permanent residency.. Will the 2nd divorce affect the process? Shoul I have my PR granted first before I have him divorce me?

And what exactly does "first divorce was not completed correctly"?

I really appreciate you taking time answering all my questions. Thank you very much :)



#15 Barbiegirl

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Posted 02 February 2015 - 07:15 PM

Hi Ray,

Thank you.. I guess we're not gonna push through with the Philippine wedding anymore.. Maybe we'll just have it here in CA where I am legally divorced from my ex husband :(

Thanks again! :)

#16 rbacon

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Posted 03 February 2015 - 04:40 AM

Frankly,

 

I admired your motivation and plan.  But the complications, expense and time you must invest in such a project just aren't justified  by the satisfaction it might bring.

 

--Ray B

 

 

Hi Ray,

Thank you.. I guess we're not gonna push through with the Philippine wedding anymore.. Maybe we'll just have it here in CA where I am legally divorced from my ex husband :(

Thanks again! :)






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