I am an American married to a Filipena for 3 years. If I get an annulment in America will it be valid in the Philippines so the marriage will be null and void in the Philippines. I have no plans on getting married at this time.
Where were you married? That might well flavor the result. If you married in the US and annulled that in the US, the RP would have no legal interest in that. I wouldn't even tell them as the marriage never legally existed which is the basis for annulment in the US. Annulment here means that the marriage was legally void from its beginning and, therefore, did not legally exist. It's as if you tried to make a contract with a 10 year old. If the marriage was not initially flawed, you need to obtain a divorce which is better called a dissolution; i.e., a dissolving of the marriage contract. Bases for US annulment are: underage party, bigamy, forced, fraud, mental instability and so forth. States set their own rules though these are the usual rules.
You can get a legal divorce in Guam. They specialise in Expat divorces for Americans married in Asia. Google Guam Divorce and they will email/chat any questions you have. Search Guam divorce on YouTube. Their video gives all the details. It takes 7 days. If it’s a cheap, no fault divorce, your wife needs their no fault consent form notarised at a US Embassy or Consulate (Manila or Cebu). They can also advise on what can be done if you cannot get your wife to agree. There is a big US military base there. Lots of Americans with the same problem. After obtaining a divorce in Guam (Arizona, Nevada, or?) you go to the American Embassy and get their certificate of non-encumbrance/free to re-marry. Foreign divorces are now recognised by the RP according to information I obtained. Your an America following American laws. I don’t think it matters where you were married. Annulments are a nightmare, take 3-4 years now and can cost you 400,000 pesos. Much easier 8 years ago. Contact the Guam legal services. They can advise you.
Gas - Of course it matters where you were married. What if it was Cebu? You shouldn't practice law without a license; it's a crime generally. It is also dumb not to ask basic question and guess or assume something. No lawyer would make such an error and you, clearly, are no lawyer.
Tsmslf Look up Guam divorce on Google & YouTube. Those are real US lawyers who know much better than you think you know about this topic. Before you spout a bunch of horse feathers, check your facts. You claim you are a lawyer, that is what lawyers do, or else the loose. I am just a messenger of the facts from real legal experts who do this work.
OhioBuckeye If it is sufficient for the American Embassy/Consulate to issue you a “certificate of non-encumbrance”, defining you as single, and permitted to remarry. They usually look for a divorce decree to issue that certificate. Check if you can get it with an annulment. Once the American Embassy/Consulate declares you single, that is proof enough to get another marriage license. If you go to NSO and show that to them requesting your CINOMAR for your change in status, they won’t what you are doing or how process it because you are not an RP citizen. They would have no record of your status as an American, just your Filipina wife. It’s your Embassy/Consulate that they turn to for your status. Sketchy like everything here.
OhioBuckeye Nor am I a lawyer or claimed to be one. I’m just passing on the information from actual lawyers who specialise in this that I discovered when researching this topic for my own reasons. Thankfully, I am an American, so I could use the Guam “ one week residency option” if needed. My marriage has been good but still very difficult at times too. Divorce is a financial nightmare for men in Canada, and I have lost a fortune on it twice. I was trained in Administrative Law for 8 years by the Canadian Department of Justice, so I can understand what I read about it to a degree in the Canadian context
Just for the record, I've been admitted to practice law in California since 1996 and am still an "active" member of the state bar. I practice mostly family law now and began it in my first year of practice. I've stopped taking new business and civil litigation matters as they are more stressful and, at my age, I decided not to take the risk. (I'll be 89 in October.) I handle non-litigation business matters but, were one to become litigious, I would substitute out of that case. I also stand by what I wrote above despite criticism from the usual source who is alleged by others to be a previously banned member using a nom de plume here.
I question myself, why I got married. I been married now for 6 years and we were partners for more than 4 years prior. Our relationship was perfect before we were married. The first year of marriage was rough but that was the best of the six years.
I still love my wife dearly, but I stay awake at night wondering why I ever married. We are too old to have children, so that marriage was not required for that task. It cost me a lot to be married. More than I can comfortably afford. I now have committments to her family which I did not have before we married. The loving is not the same. She treats me as a child and is always demanding I do something. She wants me to go back to work and increase her allowance which is killing me financially. She had so much more respect for me before we married and now it is almost gone. If she gets upset with me, she punichs me by ignoring me. Now she will have nothing to do with my family (my children & grandchildren) and they are so upset with her coldness to them. That is not how it was before we got married. I was married before and we separated on good terms. My x-wife is still a good friend and of course the mother and grandmother of my children. My wife forbids me to have anything to do with her. She put her son in charge of our finances and as head of our house. I have no say, even when it comes to ordering my dish at a restuarant. He is in charge and I must go thru him for any purchases or spending when I am in the Philippines. He even forbids me to open up the hood of my car or drive it or get it service. He inspects my house and changes things to what he wants. He acts nice by offering me food, coffee, or beer in my house and then tells me to get take what I want, as if it is his food and his house. Why did I ever get married????
sherwood I know where you’re coming from. Marriage comes out of an alternate reality, suddenly the ambiance can change. The older I get, the more I want to avoid drama, stress and conflict. I just want a good home, friends and happy people around me.
Tsmslf incorrect again! I was never banned from the forum. I unsubscribed like many others made victim by bad mouths. I subscribed again after a long break because I have more to offer that those here only to insult and badger. You choose to believe the false information from those who couldn’t handle my comments, I don’t give a tinkers damn. Be one of them, but you’re selling yourself short with those credentials.
Mr. Gasbag, your divorce post about 7 days residency for a Guam divorce is not correct. It applies if the divorce is uncontested, that is both parties have reached agreement on the issues. If the disso is contested, i.e., one party doesn't agree, then the residency needed is much longer. Google it which is what I did and it's clear.
You can't even copy accurately Gasbag and, as I wrote before, you misquoted my post so you could make some spurious argument. You really shouldn't do that.
Sherwood, sorry mate you really need to get out of that relationship. You cannot live like that, it's ridiculous. Plan it carefully if the car is in your name, keep the documents in the car, prepare to have your money sent to you. Get everything ready then get up and leave, get away absolutely as far as possible. Stay in cheap hotels until you find somewhere to live that YOU like. But make sure it's hundreds of miles away from her. Rent a small house somewhere. This is YOUR LIFE not hers. You really have given her way too much power. She might try to find you, but it's not that easy. Either relocate here, or go home, you have a right to be happy. Don't take anything that's not yours find receipts for things that ate yours then just leave one night and never go back. If you have paid for the house then accept you have lost that money. My guess is she is doing this on purpose to drive you out anyway. NO WAY SHOULD YOU CONTINUE LIVING LIKE. THIS. Even if you left with just the clothes on your back better that than living your life like this, I would have been long gone. Rent somewhere you really like, but don't ever make the same mistake again. Your obviously a soft hearted guy, and she and her family have taken full advantage of that. If you went home to USA or Uk you can divorce her from there. Cut all ties with her. If you are losing a load of money so be it, it's only money, your happiness KS more important. What do you think would happen if you got seriously ill, they would let you die mate, plan it prepare it and get out.
Yes decide where u want to stay & dissapear into the night,even if it's with only the cloths ur wearing.Hit the toe & never look back,bitches like that can give philipino a bad name.Let us know when ur safe & away from her.
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