Divorce help out of country

[OnlineAddict]

What is the name of your state (only U.S. law)? Nevada

Hello all. I'm trying to help my dad get a divorce. He and his wife are U.S. citizens and married about 6 years ago in Las Vegas, Nevada (where i currently live). They moved to the Philippines about 2 years ago and now want a divorce. I figured it was as easy as filing some paperwork i could download online and send to them. However, in looking at the Nevada Bar website it seems that one of the party needs to be a residence of at least 6 weeks in Nevada to file for divorce. Can someone point me to the right direction for getting the right paperwork to send them or provide some advice on what they would need to do to file a simple divorce.

I've also read online that some people abroad register their marriages in their residing countries. I do not know if they have done this. Things are shaky with the two of them now so it's pressing i try to help them as soon as possible. Any help is appreciated.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Nevada

Hello all. I'm trying to help my dad get a divorce. He and his wife are U.S. citizens and married about 6 years ago in Las Vegas, Nevada (where i currently live). They moved to the Philippines about 2 years ago and now want a divorce. I figured it was as easy as filing some paperwork i could download online and send to them. However, in looking at the Nevada Bar website it seems that one of the party needs to be a residence of at least 6 weeks in Nevada to file for divorce. Can someone point me to the right direction for getting the right paperwork to send them or provide some advice on what they would need to do to file a simple divorce.

No one can help you because what you want can't be done. They have to be a resident of Nevada to file for divorce. What makes you think that doesn't apply to them?

I've also read online that some people abroad register their marriages in their residing countries. I do not know if they have done this. Things are shaky with the two of them now so it's pressing i try to help them as soon as possible. Any help is appreciated.

They don't have to register their marriage in another country for it to be valid. There MAY be some countries where registering is necessary to get specific benefits, but I don't know that for sure.

In any event, what you can do is stay out of it. I assume that your father is an adult. If he wants a divorce, he's old enough to get one without your help. There is absolutely no benefit (and a LOT Of down side) to you meddling in their affairs.

 

[LdiJ]

No one can help you because what you want can't be done. They have to be a resident of Nevada to file for divorce. What makes you think that doesn't apply to them?



They don't have to register their marriage in another country for it to be valid. There MAY be some countries where registering is necessary to get specific benefits, but I don't know that for sure.

In any event, what you can do is stay out of it. I assume that your father is an adult. If he wants a divorce, he's old enough to get one without your help. There is absolutely no benefit (and a LOT Of down side) to you meddling in their affairs.

One bit of trivia that I happen to know is that its not possible to get a divorce in the Phillipines. If you are divorced by your spouse who is living abroad, against your will, the Phillipines will recognize the divorce, however you have to prove that you did not cooperate with the divorce at all and it was against your will.

So, as long as they continue to live in the Phillipines, they won't be getting a divorce.

 

[OnlineAddict]

They are both consenting to the divorce they just want the paperwork. I'm not sure how that works but as i stated they live in the Philippines. Is that something they can do there? Is there no divorce paperwork I can download and mail to them to fill out? They do not have internet access where they live right now so that's why i was asked to help them, that and I live in the city/state they were married.

On a side note, I just read online that the Philippines has a no divorce law? How does that apply to individuals married in the U.S. The wife is a U.S. citizen but is originally from the Philippines.

Again any help on this is appreciated.

 

[LdiJ]

They are both consenting to the divorce they just want the paperwork. I'm not sure how that works but as i stated they live in the Philippines. Is that something they can do there? Is there no divorce paperwork I can download and mail to them to fill out? They do not have internet access where they live right now so that's why i was asked to help them, that and I live in the city/state they were married.

On a side note, I just read online that the Philippines has a no divorce law? How does that apply to individuals married in the U.S. The wife is a U.S. citizen but is originally from the Philippines.

Again any help on this is appreciated.

As long as they are residents of the Phillipines they CANNOT get a divorce. There is nothing you can download and send to them. If they want a divorce they will have to move back to the US...or at least your father would have to move back to the US.

 

[mistoffolees]

As long as they are residents of the Phillipines they CANNOT get a divorce. There is nothing you can download and send to them. If they want a divorce they will have to move back to the US...or at least your father would have to move back to the US.

Just be thankful it's Nevada - and the residency is only 6 weeks. He'd have to move back for 6 months for some states.

Now that I think about this, my grad school advisor did that. He wanted a divorce but we were in NY and it wasn't going to be very favorable to him, so he went on sabbatical to Idaho for a few months to establish residency and file there.

 

[LdiJ]

Just be thankful it's Nevada - and the residency is only 6 weeks. He'd have to move back for 6 months for some states.

Now that I think about this, my grad school advisor did that. He wanted a divorce but we were in NY and it wasn't going to be very favorable to him, so he went on sabbatical to Idaho for a few months to establish residency and file there.

If I remember correctly one of them would have to move back permanently. If they are both residing in the Phillipines the Phillipines is going to recognize them as married, even if they previously recognized the US divorce. It also take a LONG time to convince the Phillipines to recognize a foreign divorce.

One of my collegues married a woman from the Phillipines, but she was stalling about making a real effort to get her visa process rolling (she really didn't want to move to the US, she wanted him to move to the Phillipines) so he gave up after a couple of years and divorced her here (he resides here). That was a couple of years ago and they still have not yet recognized her divorce so she has been unable to remarry. (he still has some contact with her, she was a friend of friends of his). I am almost certain that I remember him stating that he could never go live in the Phillipines because if he did, he would still be considered as married to her, unless she remarried.

 

[OnlineAddict]

Thanks all for the insight.