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Free Legal Advice Philippines » FREE LEGAL ADVICE » FAMILY AND MARRIAGE » Annulment Question

Annulment Question

4 posters

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1Annulment Question Empty Annulment Question Sun Jun 26, 2016 4:42 am

ddh_4


Arresto Menor

Hi Everyone,

I have a question to ask anybody who has information or know of a right answer.

CASE: - Husband and wife were both married in the Philippines.
- Year 2000 they migrated to the US ( worked and live there together with the minor children )
- 2014 Both (husband and wife ) became US Citizens
QUESTION: Can they file for annulment in the Philippines instead of them just getting divorced in the US?

Thank you!

2Annulment Question Empty Re: Annulment Question Wed Jun 29, 2016 11:06 pm

marlo


Reclusion Perpetua

Why not get a divorce in US and have it recognized in Philippines? Either way, you need an atty for this.

3Annulment Question Empty Re: Annulment Question Wed Jul 06, 2016 5:46 pm

attyLLL


moderator

the answer is yes, they can file a petition for annulment here. is it advisable? I would think it will be easier to get a divorce in the USA.

https://www.facebook.com/BPOEmployeeAdvocate/

4Annulment Question Empty Re: Annulment Question Thu Jul 07, 2016 11:30 am

joan roa


Arresto Menor

Hi Everyone,

I have a question to ask anybody who has information or know of a right answer.

CASE: - My niece (a filipina) married in US (an american) but got divorsed 2011, last 2013 her passport was default and got another one but still recognized that married in her first husband that she divorsed but it was not annulled.

QUESTION: Can she file for an annullment in US or here in the Philippines?


Thank you!
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5Annulment Question Empty Re: Annulment Question Thu Jul 07, 2016 11:37 am

joan roa


Arresto Menor

Hi Sir / Ma'am,

i just want to ask for your advise not for me but for my niece (a filipina), acctually she was divorce from her first husband and remarried for the 2nd time the problem now her passport was default and renew it last 2013.

But the Philippines embassy still recognizes her marriage to the first husband because It was not annulled. She was not able to change her name in her passport.

Question: Is she going to file for annulment here in the Philippines or in US?

Thank you,
Joan Roa

6Annulment Question Empty Re: Annulment Question Thu Jul 07, 2016 11:52 am

attyLLL


moderator

the more advisable route is to undergo a judicial recognition of her divorce in the US if she is here in the PH. based on experience, she will need certified copies of the law where her divorce was issued and the divorce docs and decree, then her lawyer will file a petition in court here. there will be a trial to see if the divorce is valid. if the judge is satisfied, he will order that the divorce be recognized.

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7Annulment Question Empty Re: Annulment Question Thu Jul 07, 2016 1:26 pm

joan roa


Arresto Menor

How many days is the processing of annullment?

8Annulment Question Empty Re: Annulment Question Fri Jul 08, 2016 9:06 am

attyLLL


moderator

not an annulment, a judicial recognition of the divorce. 6 mos to a year

https://www.facebook.com/BPOEmployeeAdvocate/

9Annulment Question Empty Re: Annulment Question Fri Jul 08, 2016 12:13 pm

joan roa


Arresto Menor

do she wait to re marry after the judicial recognition or not?

10Annulment Question Empty Re: Annulment Question Sun Jul 10, 2016 8:56 pm

attyLLL


moderator

if she does not wait, and marries in philippine territory, she can be charged here with bigamy.

https://www.facebook.com/BPOEmployeeAdvocate/

11Annulment Question Empty Re: Annulment Question Fri Jul 15, 2016 10:43 am

joan roa


Arresto Menor

hi sir where will i go to ask for if i have form to fill up for the judicial recognition? and where to submit?

12Annulment Question Empty Re: Annulment Question Fri Jul 15, 2016 11:08 am

joan roa


Arresto Menor

is the judicial recognition will keep the old name (meaning does she keep her maiden name)

13Annulment Question Empty Re: Annulment Question Fri Jul 15, 2016 4:13 pm

attyLLL


moderator

you will need certified copies of the divorce decree and other documents and a lawyer to file the petition in court. it is a full blown court case.

https://www.facebook.com/BPOEmployeeAdvocate/

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