Separation grounds

Dear Atty. Peachy,

My husband and I are currently separated-in-fact. I did not pursue nullity or annulment of marriage here in the Philippines as it seems I lack sufficient grounds under Philippine law. I now have an American boyfriend who I met online. He plans to take me to the US initially for tourism. He mentioned that he would sponsor me, and I would just need to file for divorce in the US. Do I still need grounds to file for divorce in the US? Is the divorce I file in the US valid for my boyfriend and me to get married in the US?

Pam

Dear Pam,

You and your American boyfriend should consult with a licensed US attorney regarding the validity of your divorce and marriage plans in the US. It is essential to note that under Philippine law, divorce is not permissible.

There exist specific circumstances in which a Filipino citizen can secure a divorce overseas and hold it valid in the Philippines. In the event of a successful divorce in the US, recognition in the Philippines is subject to meeting the requirements outlined in the Family Code of the Philippines. These prerequisites mandate that the divorce decree be lawful under the country’s law where it was granted, that one spouse is a foreign national during the divorce, and the grounds for divorce conform to those recognized in the foreign country.

If both you and your estranged husband are Filipinos at the time of divorce, the divorce will not be recognized in the Philippines. Consequently, according to Philippine law, you and your husband remain married to each other, precluding any further marriages. The sole method for Filipinos to annul their marriage and subsequently be legally eligible to remarry involves obtaining a decree of nullity or annulment in accordance with Philippine law.

Atty. Peachy Selda-Gregorio