Annullment thread 3

[jeune]

Assuming ex husband is a US citizen (right?)

Here is the timeline: the Filipina is still a filipina---- Marriage reported in the Philippines still stays because you need to do something to notify the custodian of those reports that the filipina is now divorced. Filipina has to file for regonition of foreign divorce in the Regional Trial Court.

The purpose of the recognition is for the Courts is to order the custodian of the reports to recognize the divorce of the filipina. thats the only time the custodians can act upon it.

If Filipina now becomes a US Citizen---and has no intention to get married in the Philippines, since she now is a US citizen, she is now bound by the laws of the US hence, Divorce is Valid. No need to have it recognized. Probably US wont be needing te reports in the Philippines because in their laws, she is now free to remarry.

If Filipina turned US citizen wants to get married in the Philippines --- her process is a bit different now. She doesnt need to secure CENOMAR in the Philippines, her legal capacity to get married should be secured now in her new homeland where she is now considered divorced and free to marry 

I hope I was able to answer your question. 

Thank you Ms. Jazz! Your answers were very helpful. And yes, ex-husband is US citizen. Now the Filipina is thinking of applying dual citizenship, will it affect the previously recorded marriage? Does she still have to notify the custodian regarding the foreign divorce? If so, can she file at any RTC? How long is the proceeding? TIA for your answer.

[jazzlawyer]

[textspeak!] am jazzlawyer. kung bogus po ang naifile, malalaman po ba na bogus yun or hindi and kahit po ba bogus malalaman pa rin ng wife? pag bogus po ba matutuloy yung case or hindi pede kasi nga bogus. pero dapat po ba na ang petitioner ang personal na magfile kahit na nasa ibang bansa sya or pedeng may representative na lang sya dito? in any case po ma notify naman po ang respondent di ba?nid lang ng respondent to contest the case, tama po di ba. sensya na po talaga kasi no idea talaga. and thank you po talaga

In this case the contestant-wife should be aware on what her husband will do.

[jazzlawyer]

Thank you Ms. Jazz! Your answers were very helpful. And yes, ex-husband is US citizen. Now the Filipina is thinking of applying dual citizenship, will it affect the previously recorded marriage? Does she still have to notify the custodian regarding the foreign divorce? If so, can she file at any RTC? How long is the proceeding? TIA for your answer.

I havent heard of anything like that but if dual -citizen i guess yeah she still needs to file it with RTC since technically shes still a filipina.

How long the proceedings? Again, it depends. 

[teng galing]

[textspeak!] pm mam jazz.. ano po ba ang mga posibleng gawin ng husband?

[jazzlawyer]

[textspeak!] pm mam jazz.. ano po ba ang mga posibleng gawin ng husband?

file the annulment with a judge who can easily grant it.

[teng galing]

If ganun po ba, di n malalaman ng wife n ngfile ang husband? And if may final na di na po pede i contest? Yung financial assistance po ng child pede png i demand ?no means kc ang mother to support financially, child is in high school

[bruce_lyn]

sis if nagfile ang ex hubby mo at wala kang narerecieved na notices pwde mo itong icontest na wala kang narerecieve  unless pinalabas na uknown loc mo at nagpa publication sila then hearing will continue or if iba ang pinag rerecieve(meaning nandadaya)u can contest.if your sure na nagfile at na grant ng wala kang notices.kumuha ka ng marriage cert mo.sa gilid maread mo and annotation kailan na grant?san nag file ng court,case number at sinong judge.fr there you can start.

[soo in love]

Thank God annuled na si bf ang bilis [textspeak!], feb 15 kmi ng down ng 140k tapos nagrant na annulment nya yesterday july 8 so bbayaran n nmin [textspeak!] balance na 60k this week. No appearance rin ito kasi nasa abroad kmi pareho ni bf. Goodluck sa inyo mga sis!

[vangie88]

^congrats sis soo in love, i'm so happy for you!  pls pm me the details of your attorney, i really need help, i want my future w/ bf to start na, we wanna get married na sana asap  thanks!

[Gabrielle Andre]

10yrs nang separated si BF with his wife. They got married 15years ago and they have no children. The wife is now living abroad and sabi ni boyfie, she has her own life there, she also has a boyfriend na (the same 3rd party na nag cause ng paghiwalay nila) and I believe they also have kids. Actually sabi ni boyfie, may evidence siya against his wife (incriminating photos yata).

Im okay with living together lang sana, but my  parents want us to be legally married its for my protection daw. And baka daw maghabol yung wife pag bigla kaming nagkapera =)).

Nasa 200k pa rin ba ang gastos? HIndi ba pwede sa Public attorney's office na lang i file yun?  How long would it take kaya?

[badmonkey]

Thank God annuled na si bf ang bilis [textspeak!], feb 15 kmi ng down ng 140k tapos nagrant na annulment nya yesterday july 8 so bbayaran n nmin [textspeak!] balance na 60k this week. No appearance rin ito kasi nasa abroad kmi pareho ni bf. Goodluck sa inyo mga sis!

Sis, help naman! Paano ang procedure if no appearance? Eto situation, si Mister nasa abroad na din at gusto nya makipag-annul sa Misis nya. More than one year pa lang silang separated at hindi nagkikita,  nag-ko-communicate na lang because of the kid. Willing naman si Misis na suportahan ang pag-pa-file ni Mister.

Saan sya magsisimula? Natatakot kasi si Mister na masayang lang ang pera nya lalo pa at wala sya dito sa Pinas.

Sis, if ok lang, pa-pm naman ang name ng attorney baka pwedeng lumapit don si Mister.

[badmonkey]

Im okay with living together lang sana, but my  parents want us to be legally married its for my protection daw. And baka daw maghabol yung wife pag bigla kaming nagkapera =)).

I feel for you, sis. Haaaay!

[milagros]

mga sis sana matapos na rin ang file ko, mahigit na isang taon na rin...nakapag hearing na ako ng isang beses.nakakanervious nga kasi mga atty at judge lang kaharap ko. ano pa ba kasunod noon, kasi nid pa raw ang isang witness. matatagalan pa kaya yun.lagi akog nagdarasal na sana matapos na. salamat
 

[jazzlawyer]

^ Kung Psychological Incapacity, you need a psychologist to testify

[jeannieindbote]

Hi girls! Does anyone here have knowledge about how to divorce a foreign husband? My arab husband and I were married in Abu Dhabi 3yrs ago. One week after the wedding I had to go back to Philippines and he went to Norway to try his luck there to obtain residence visa and that I will just follow soon. Unfortunately, things didn't work out right for him so he went back to Abu Dhabi. Since late 2011 until now, he seldom calls me. So I decided to ask him to divorce me since he seem to cannot make any plans for the two of us. Aside from that, I never received any financial assistance from him. Question is, do I really have to file for divorce in Abu Dhabi since it's where we got married? Somebody told me I can file against  him a case for abandonment, but I have to file it in Abu Dhabi, though another one said I can file the case here in the Philippines. Does anyone here have any knowledge about this situation? TIA, sisters 

[jazzlawyer]

sis if youre a filipino citizen you can file annulment here

[kikai]

if the annulemnet filed wasnt granted  for certain reasons- lawyer was not focused , the psychologist used was a psychometrician..and even the fiscal said sayang kasi your lawyer didnt do his assigment,,

what is the other options?? more than 11 years separated no communication, no kids, nothing to settle except the marriage contract..

[beach]

Hi girls! Does anyone here have knowledge about how to divorce a foreign husband? My arab husband and I were married in Abu Dhabi 3yrs ago. One week after the wedding I had to go back to Philippines and he went to Norway to try his luck there to obtain residence visa and that I will just follow soon. Unfortunately, things didn't work out right for him so he went back to Abu Dhabi. Since late 2011 until now, he seldom calls me. So I decided to ask him to divorce me since he seem to cannot make any plans for the two of us. Aside from that, I never received any financial assistance from him. Question is, do I really have to file for divorce in Abu Dhabi since it's where we got married? Somebody told me I can file against  him a case for abandonment, but I have to file it in Abu Dhabi, though another one said I can file the case here in the Philippines. Does anyone here have any knowledge about this situation? TIA, sisters 

you can't file for divorce kasi pinay ka (our laws will not allow this)... but he can divorce you if his national law allows divorce. that's the only way na ma-divorced kayo. so he has to be the one to file divorce. if ma-grant sya, you can marry ulit kasi "divorced" ka na from him.

filing for abandonment will not sever your marriage ties with arab guy. married pa rin kayo. yung advantage lang siguro is that pwede ka lang kumuha ng judicial authorization if ever you want to encumber properties that belong to both of you as married couple. but you still can't remarry.

[beach]

if the annulemnet filed wasnt granted  for certain reasons- lawyer was not focused , the psychologist used was a psychometrician..and even the fiscal said sayang kasi your lawyer didnt do his assigment,,

what is the other options?? more than 11 years separated no communication, no kids, nothing to settle except the marriage contract..

Check your circumstances first... you may file for declaration of nullity (which is different from annulment) when any of the essential or formal requisites of marriage is absent.  if this is granted, you can remarry kasi it's like you were never married in the first place.

Else, you can file for legal separation. Legal separation will not allow you to remarry kasi separated lang kayo pero still married. What this does is change the property regime between the spouses from what they have now (Absolute Community Property if wala kayong marriage settlement executed prior to your marriage) to Complete Separation of Property.

Kasi habang married kayo and if you didn't have a marriage settlement before you celebrated your marriage, you are governed by Absolute Community Property... meaning if you buy property now, it's not only your property but his property as well. If you buy a condo, kahit nasa pangalan mo, kahati mo si hubby kasi married kayo....if ACP ang property regime niyo when you got married. In the same way, whatever he buys, kahati ka din dun...

[Gabrielle Andre]

^ sis, is it safe if boyfie buys properties tapos sa name ko ilalagay? parang biz partners kasi kami ngayon eh and we are acquiring properties din po unti unti.
filing for abandonment din siya...ang sabi kasi 10yrs pa saka pwede? almost 10yrs na silang hiwalay, no kids. he signed over his properties to the wife before para lang matahimik..the wife is abroad with her own life and sabi with her own family na...which ang malupet eh ang kinakasama niya dun is the same guy na dahilan ng paghiwalay nila...

i don't want to get married legally din...but I want to be protected...paano kaya? ayoko nalang magising one day na wala ako..I mean, everything sa biznes is his, brains ang contribution ko, and I can say, Im being compensated naman ngayon kasi nga sustentado niya lahat lahat, pero dapat lang di ba? kasi we are technically living together eh...

I understand my parents concern..they just dont want me to get caught in a situation na baka magka legal issues later on..kasi lugi talaga ako  I know..ano kaya pwede kong gawin..so far boyfie really wants to marry me din, his plans are for me and or my kid na...