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Marriage to live in partner, divorce in America

anonymous
Anonymous This person has chosen to hide his/her identity.

Nagpakasal ako 2009, kaya ako nagpakasal dahil gusto kong pumunta sa America, pero after 3 years walang nangyari, bago pa ako nagpakasal noong 2009 meron na kong ka live-in partner at may anak kami, nung panahon na iyon tinago ko sa kanya na nagpakasal ako sa iba, ngayon pinagtapat ko sa kanya ang lahat at naintidihan niya ko kaya ko nagawa yon. Gusto ko sana pakasalan ang ka live-in partner ko. Yung babaeng pinakasalan ko nasa america okey naman sa kanya. Kung mag apply ng divorce sa america yung bababe puwedi ba yon? At i hohonor ba sa pinas ang document na yon? ano ang dapat kong gawin para mapakasalan ko ang live in partner ko?



Translation: I was married in 2009 because I wanted to go to America. But after 3 years, nothing happened. Before I got married in 2009, I had a live in partner and we have a child. During that time, I did not tell my live in partner that I got married to someone else, but now I've told her and she understands why I did it. I would like to marry my live in partner now. The woman that I married is in the United States, and it is ok with her. Can the woman I married just file for divorce in America? Would that be honored here in the Philippines? What should I do so that I can marry my live in partner?



20, Nov 2014, 18:14 PM (PH time)
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Adelaimar C Arias-Jose
Atty. Bimbi is a Legal expert in the Philippines
Teka, teka. Nagpakasal ka para makapunta ka sa Amerika pero walang nangyari -- ano'ng ibig sabihin nito? You were married here in the Philippines or in the US? Walang nangyari-- ibig sabihin, hindi ka rin nakarating sa US? Nasa Pinas ka pa rin? Or, walang nangyari as in, hindi kayo nagsama noong pinakasalan mo?

Hindi mo naman sinabi ang lahat ng mahahalagang mga details. It's like this. If you got married in the US, you can get divorced in the US without your marriage being registered in the Philippines. If your marriage is not registered in the Philippines, in the eyes of Philippine law, you are not married because your marriage does not appear in the records at the NSO. You can still get married in the Philippines.

If you got married here in the Philippines, you cannot marry your partner unless you have that marriage declared a nullity. Actually, if you got married but you did not live together as husband and wife at all (meaning you did not have sex at all), there is no consummation of the marriage. It could be a ground for declaring your marriage a nullity. Kasi, marriage on paper lang, no marriage in real terms.

If your "wife" gets a divorce in the US, the divorce will only benefit her because divorce is not allowed for Filipinos under the Family Code. So ang mangyayari, yung American citizen, she will be free to remarry because the laws of her country allow her to remarry after divorce.

Pero ikaw na Pinoy, since there is no divorce in the Philippines for Filipinos, you will still remain married to your US-citizen spouse in the eyes of Philippine law and in the NSO records. so, you cannot get another marriage license to marry your partner.

Filipinos really should write to their congressmen and senators to push for a law on divorce. Tayo na lang at ang Vatican state ang walang divorce. It is so hypocritical and it produces such absurd consequences, diba?
anonymous
Anonymous 1 This person has chosen to hide his/her identity.
oo nasa pilipinas pa din ako. bale nung pakatapos namin kinasal sa pilipinas, bumalik na sya sa america hindi kami nagsama as husband and wife, bale sa papers lang. Paano ko ma declare na nullity yung marriage namen, paano yung process?
Adelaimar C Arias-Jose
Atty. Bimbi is a Legal expert in the Philippines
Well, you need a lawyer. You will need to show your supporting documents to your lawyer. Only your lawyer can see and evaluate your papers kung may basis talaga ang action ninyo for declaration of nullity. Ganito kasi iyon, sa ilalim ng batas, ang mga nag-aasawa ay expected na mag-siping kasi nga, kaya sila nag-asawa, para mag-sama at magka-pamilya. Kung hindi na-consummate ang marriage, eh, di, there really was no marriage to speak of.

I have had opportunity to have a marriage annulled on the ground that the husband refused to have sexual intercourse with the woman he married. Pero, iyon ay sa ilalim ng Article 36 -- annulment dahil sa psychological incapacity. Kasi nga, there must be something wrong with a man who courts a woman and tells her that he loves her but does not want to touch her or sleep on the same bed with her. Napa-annul naman.

Pero, your case is different -- you and the girl never had any intention to really be married -- you only married for reasons of convenience and accommodation. One can also argue that neither you nor your wife (on paper) had any understanding of the obligations of marriage. So, theoretically, papasok siya sa psychological incapacity.

Kasi, iyong non-consummation of marriage as a ground for declaration of nullity, that was under the Civil Code pa. So, please see a lawyer who can give you a detailed evaluation of the facts of your case para he or she can give you a picture of your options and your chances.

Good luck to you.
anonymous
Anonymous 1 This person has chosen to hide his/her identity.
Thanks you.

About the author

Adelaimar C Arias-Jose

I am a graduate of the UP College of Law. Member of the Integrated Bar of the Philippines since 1995. I am currently involved in private practice in criminal, civil and labor law.
Profession: Lawyer
Adelaimar C. Arias-Jose
Office Address: #34 St. Michael Street
Philippines , Manila , Makati
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