my wife married another man

my wife and i separated in 1999 and since then i never heard from her again nor received news about her from our common friends or family. recently i learned that she has contracted a second marriage in canada. what can i do here? what case can i file? what if i want to get married to another woman?

agrohomes wrote:my wife and i separated in 1999 and since then i never heard from her again nor received news about her from our common friends or family. recently i learned that she has contracted a second marriage in canada. what can i do here? what case can i file? what if i want to get married to another woman?

1999 it has been many years, She's probably Canadian citizen by now. And under Canadian law 1 year of residency spouse can divorce their spouse even without their presence. Also the fact that the second marriage is not in the same jurisdictions, if she is married twice in the Philippines she is liable for bigamy. If you can go to Canada and become residence within a year then claim she is married to you, she may have problem under Canada law, BUT  if she is already a Canadian citizen there's nothing you can do, UNLESS she took dual citizenship then she is still under Philippines jurisdictions so when she comes to the Philippines you may be able to sue her. Just ask her if she divorced you under Canadian law then she should forward the divorce papers to you so this will allow you to remarry to another woman again.

Read this...

Can I get a Divorce if I wasn’t married in Canada?

Yes, as long as you, or your spouse, have lived in Canada for at least a year. Divorces granted in Canada are based on your current status as a resident, not where your marriage took place.

Do I need a reason to get a Divorce? If so, what is an acceptable reason?

In Canada, the only legal reason you need to be granted a Divorce is that your marriage has broken down. The law accepts that there has been a breakdown of your marriage if you can prove that you and your spouse have lived separate and apart for at least one year. In some cases spouses can be living separate and apart even if they abide under the same roof, but in this situation it is up to you to prove that while living together you did not live as a couple.
Also, a Divorce can be granted without the one year of separation if you can prove that your marriage has broken down for either of the following reasons:
Your spouse had sex with someone else after you married (adultery), and you did not forgive the adultery or live together for more than 90 days after finding out;
Or your spouse was physically or mentally cruel.
Generally it is not recommended that couples apply for Divorce under the 2 above grounds, as these Divorces tend to be longer and more costly.

If I have been separated for a long time does that mean I am automatically Divorced?

No. Divorce never just automatically occurs and a marriage never nullifies regardless of how long you and your spouse have been separated. Separation for one year is an acceptable ground for Divorce, but to receive the actual Divorce you must go through the correct legal process in Canada.

Can you get a Divorce if only one partner wants it?

Yes. If one spouse wants a Divorce then that is proof of a break down in your marriage. However, you will need to wait for a one year separation period, or meet one of the other approved grounds for Divorce in Canada. To learn the specific details of the grounds for Divorce in Canada please visit our Divorce page.

Can you get a Divorce if you are not a Canadian citizen?

Yes. You do not have to be a Canadian citizen to be granted a Divorce in Canada. Also, it doesn’t matter where your marriage took place. As long as you or your spouse has been a resident for at least a year, then you can apply for a Divorce.

Can the terms of a Divorce be changed?

Once a Divorce has been granted you have a 31 days to appeal. Once this time has passed the Divorce is final and it can not be undone. However the terms of your Divorce are never final. Terms such as child custody, access, support etc. These can be changed depending on people’s lives and circumstances.

What are the grounds for Divorce in Canada?

In Canada there is only one ground for Divorce: Breakdown of the marriage.
The Divorce Act states that a Breakdown of the marriage is established only if:
the spouses have lived separate and apart for at least one year immediately preceding the determination
of the Divorce proceeding and were living separate and apart at the commencement of the proceeding;or
The spouse against whom the Divorce proceeding is brought has, since the celebration of the marriage:
Committed adultery, or
Treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses
For a more detailed explanation that can help you to better understand the grounds for Divorce in Canada, please visit our Divorce page.

Who can apply for a Divorce in Canada?

You do not have to be a Canadian citizen to apply for a Divorce in Canada.

You can apply for a Divorce if:

you were legally married in Canada or in any other country;
you intend to separate permanently from your spouse and believe there is no chance you will get back together, or you have already left your spouse and do not intend to get back together; and
if either or both of you have lived in a Canadian province or territory for at least one year immediately before applying for a Divorce.

http://divorce-canada.ca/divorce-in-canada-faq

Good afternoon, meron kang dalawang options na pwedeng ma avail:
1. Pwede ka magseek ng court assistance for summary proceeding for declaration of presumptive death  total morethan 4 years ng wala ang wife mo at according to you you haven't heard any news within those periods na wala sya regarding her whereabouts siempre kunwari hindi mo pa nadidiscovered na nsa Canada pala sya at nag asawa na otherwise di yan bibigyan ng due course ng court pero if magrant your legal capacity to re-marry will be restored kaso pagbumalik ang wife mo from canada problema kase babaliwalain ng batas yung second marriage mo; sometimes the law is really harsh
2. Kung makakuha ng decree of divorce ang wife mo doon sa Canada regarding her subsequent marriage mababalik ang capacity mo to re-marry ayon yan sa ating Family Code pero dapat ang foreign spouse ang mag institute or mag file ng deborsyo problema kung pinoy din ang asawa wala ka na choice sad to hear kaya naisuggest ko yung 1st option sayo.

Bigamy issue, sya di mo pwede ihabla unless umuwe sya sa pinas from then bind na sya ng territorial jusrisdiction ng mga korte naten. Di ka pwede magpakasal ulet unless mangyari yung sa option no.2 na nabanggit ko, but don't be sad pwede naman mag GF or live-in ka na lang sa batas we called it common-law wife, atleast wife parin.

Lol! Of course before they grant the presumption death, they will check through the immigration records as well if she has left the country and they will go through her family and investigate if she has been in communication with them, so presumption death is not easy to use unless the family denies their communication with her.

Bigamy issue will not apply to her neither if she is no longer a citizen of the Philippines NOT UNLESS she took dual citizenship. Which often Filipinos do being so attached to their Philippines citizenship as their foreign spouse usually demands to have rights to invest or buy properties if not retire in the Philippines. Then you may have your chance to sue her and if lucky enough inherit with her properties in the Philippines as under Philippines jurisdictions you are the leagal spouse.

the man she married is also a filipino. if ever she did divorce me in canada, will that be honored here? i mean, am i then allowed to marry again here in the philippines?

agrohomes wrote:the man she married is also a filipino. if ever she did divorce me in canada, will that be honored here? i mean, am i then allowed to marry again here in the philippines?

After judicial recognition by Philippine court. Yes.

Iho, Iha, hindi nga pwede pag pinoy ang nag secure ng decree of divorce dahil ang filipino with respect sa legal capacity kahit nasaaan pa yang lupalop sakop ng ating batas particular ang Family Code sa nsabing batas ang divorce ay contrary to our public policy kaya kahit anong hokus focus pa ang gawin nyan kasal padin pag pinoy alam mo tayo e matindi ang adherence sa marital ceremony na "till death do you part." walang ayawan regarding naman dito sa kaibigan naten nasi AWV aba e kung pwede palang mag abroad na lang para makapag asawa ng bago ng walang pananagutan sa ating batas e di to all aspiring two timer makinig kayo sa advice nitong si AWV at magtayo kayo ng asosasyon ng mga bilanggong two-timer na nagkakaisa doon sa munting lupa kalaboso ang abot nyo pag nakinig kayo dito kay AWV sos maryosep!

Lol! If you can't afford to go abroad don't pretend you know the rules around the world! We all know here who you are and how many accounts do you have, don't pretend we forgot your trolling this forum recently!
Technically, we are talking about this guy's case WHERE HIS WIFE WENT TO CANADA FOR MANY YEARS AND MOST PROBABLY OBTAINED CANADIAN CITIZENSHIP
everything is possible if you know the way round it!

agrohomes wrote:the man she married is also a filipino. if ever she did divorce me in canada, will that be honored here? i mean, am i then allowed to marry again here in the philippines?

You will need her divorced papers from Canada to have it acknowledged under Philippines jurisdiction, after its been acknowledged you are free to marry.

AWV ang advice ko sa iyo ano, malapit na ang 2016 kumandidato ka sa pagka congressman at maghain ka ng panukalang batas at ng magkaroon ng basis ang mga illegal advice mo what i said here is not a sheer word of mouth  Basahin ang Family Code and correlate it with Article 15,16,17 of the Civil Code pagkatapos n yan makakakita ka ng liwanag

agrohomes wrote:my wife and i separated in 1999 and since then i never heard from her again nor received news about her from our common friends or family. recently i learned that she has contracted a second marriage in canada. what can i do here? what case can i file? what if i want to get married to another woman?

Lol! How sure is he that she married another Filipino he already said he lost communication with her and suddenly he learned that she has contacted another married? How did he get all this information that she marries another Filipino? Even so, if his wife had already divorced him after obtaining Canadian citizen there's nothing he can do about it. I thought you are a good lawyer? You should try to cross examine his statement before you comment! How can you say what he is saying is for real?

rimyrf wrote:AWV ang advice ko sa iyo ano, malapit na ang 2016 kumandidato ka sa pagka congressman at maghain ka ng panukalang batas at ng magkaroon ng basis ang mga illegal advice mo what i said here is not a sheer word of mouth  Basahin ang Family Code and correlate it with Article 15,16,17 of the Civil Code pagkatapos n yan makakakita ka ng liwanag

Maybe you should! Di ba yan ang point mo dito?
https://midfield.wordpress.com/2010/04/11/alleged-leaker-of-bogus-noynoy-psych-report-tagged/

Hypothetical and speculative yang mga iniisip mo my friend if your trying to prove a fact which is beyond what the client said it is immaterial and irrelevant and take note we're not here to lawyer for anyone we're here to express opinions " intelligent opinions."

rimyrf wrote:Hypothetical and speculative yang mga iniisip mo my friend if your trying to prove a fact which is beyond what the client said it is immaterial and irrelevant and take note we're not here to lawyer for anyone we're here to express opinions " intelligent opinions."

Since when did you become my friend?

And yes I am not here as his lawyer, I am trying to make him realise the possibilities and for him to carry on without troubling himself for something that hasn't happen yet like his question 'what if he wants to get merried again?' Who knows if he is just speculating? What is the authenticity of his statement? You acted as if he already declared everything to your knowledge.

A good lawyer will require to hear the exact and full details and check throroughly before saying anything.

agrohomes ayan ayaw mo daw ipagtapat lahat hahaha ikaw naman ang inaawaya nito

Just saying!

ganito po kasi yun. noon pong 1999, nang madiskubre kong meron syang lalaki eh pinalayas ko po sya. buhat po noon ay wala na akong nabalitaan sa kanya. naiwan po sa aking pangangalaga ang anak namin na noon po ay 4yrs old pa lamang.
two weeks ago po ay ipinagtapat sa akin ng aming anak (na ngayon po ay 20yrs old na, pero wala naman pong kinalaman sa usapan ang edad nya. sensya na po) na late last year, around october po yata yun, na kinontak sya ng kanyang ina thru FB at eventually nga po ay nagkita sila.
doon po nya nalaman na: sa canada na nakatira ang nanay nya; meron po syang 2 kapatid sa ina na ang panganay po ay 13yrsold na; na kasal na ang nanay nya sa isang pinoy doon sa canada (ang lalaki pong ito ang lalaking nadiskubre kong karelasyon ng asawa ko noon pong 1999. meron din po palang asawa at mga anak ang lalaking ito dito sa pinas).
ang hindi ko lang po alam ay kung dinivorce ba po muna nya ako doon sa canada o king pinalabas nya po ba na dalaga pa sya o kung ano pa man ang ginawa nya/nila.

Canada is all together different jurisdictions and if you let it for quite a long time and your children are grown up, there's a possibility that they are already both Canadian citizens by now. You can only stop them using FRAUD as a defense if their citizenship are still under process. But if they are already citizen of Canada, there's no way their passport can be revoked not unless they are members of terrorism.
All you can do is ask for the copy of the divorced papers and file it for recognition to enable you to marry another woman.

If you need further guidance, don't just trust anyone, try to know them first because one of the member here has been victimized apparently by a real lawyer but a swindler that has multiple personality. Ingat ingat din minsan who to trust pag may time!

ok. thank you so much, AWV. take care.