DIVORCE FROM A FILIPINA
There is a way if that is what it comes to
When it comes to divorce from a Filipina, or the ending of a relationship, I always discuss the topic reluctantly as I myself am not in that situation and hope I never will be. Personally my feeling is that all avenues should be explored to work on an existing relationship and avoid the need for a split, but the reality is that some are just broken beyond repair and their only alternative is for a couple to go their own separate ways. For that reason, I recently choose to repost an article ( Divorce in the Philippines) written by another author several years ago about divorce in the Philippines, or more accurately, no divorce in the Philippines.
I do believe that that article was accurate, but when I shared it with another forum of expats in the Philippines, I was brought to task by a member who had taken a novel approach to his divorce of a Filipina. Though I do not like how he delivered his message, the message itself was interesting. After doing my own research, I found that what he said to be true and thus felt that it should be shared for those foreigners in the Philippines who are facing an end of their marriage to a Filipina.
This excerpt, with a little editing, is courtesy of that expat explaining the process he used to get a legally recognized divorce here in the Philippines:
Step 1: File for divorce in your country (mine USA). for irreconcilable differences. In my case, it was granted in 45 days. I actually even did not have to go there. I did Phone court. I called on skype – patched into the court room and talk to a judge and bammmmm divorced granted.
Step 2: Have divorce decree certified at State Capitol (you get a fancy seal on your divorce papers)
Step 3 : Have divorce decree and state certification certified as “TRUE and LEGAL Document” at the Philippines Embassy USA – my case SF, cali. The Embassy of the Philippines will give you a doc with a fancy seal. (cost about $50) This process takes about 1-3 weeks. My case 2 weeks.
Step 4. The Philippines Embassy USA will forward divorce to Philippines which is no longer your problem.
Step 5 (involves the filipina – the foreigner is free) the filipina must go to the Philippines court with the divorce papers (her copy that you gave her) and have it recognized. The hard part is that a person from the USA embassy must testify that the papers and divorce is true. Once recognized, then the NSO will erase the marriage from its books – FOREVER! THEN the filipina can remarry. The Foreigner can remarry after getting the stamp cert from the Philippines Embassy in the USA.
I have checked this out personally with several attorneys here in the Philippines and have come back with the conclusion that it is a viable and legal option for a foreigner to get a divorce from a Filipina. The one interesting note that I would like to add is that if the Filipina chooses to not take step 5, she is still considerred married to her husband, but he is not considerred married to her. He is free to re-marry, but she is not. That I found a little weird, but hey, we are in the Philippines where logic sometimes does not play a prominent role,lol.