Marriage in Philippines, Divorce in the US

[UseWisely]

Im a US citizen, im married in the Philippines but i want to file for divorce and we have a child which i have been supporting over the years. i know that divorce is not recognize in the Philippines and i can file a motion for that. How does the judge divides the assets, debt, custody etc.. when we have only lived less than a year together in the 7 years we've been married. What can she demand in the terms? I need to prepare myself before getting a lawyer and filing for divorce.

Everybody welcome for advise.

 

[OHRoadwarrior]

She will likely get credit for the full 7 years depending on the judge. Did you lie and allow her citizenship if you only lived together for a year in the US?

 

[UseWisely]

We lived in the Philippines not in the US. She is not a US citizen or a permanent resident. Does her debt in the Philippines will affect me?

 

[Ohiogal]

We lived in the Philippines not in the US. She is not a US citizen or a permanent resident. Does her debt in the Philippines will affect me?

The court cannot rule on any property or debt in the Philippines. And if she has not been to the United States, the court may not have personal jurisdiction over her. In fact, she could argue against the court having jurisdiction to grant you a divorce.

 

[UseWisely]

The court cannot rule on any property or debt in the Philippines. And if she has not been to the United States, the court may not have personal jurisdiction over her. In fact, she could argue against the court having jurisdiction to grant you a divorce.

Thank you for your reply, very useful information. What happens to our child? He's 8 and a Filipino citizen. What do you mean she can argue against the court? Even if she's not a US citizen?

 

[LdiJ]

Thank you for your reply, very useful information. What happens to our child? He's 8 and a Filipino citizen. What do you mean she can argue against the court? Even if she's not a US citizen?

A US court would have absolutely no jurisdiction to decide any child custody matters and I am pretty sure that any Filipino court would give custody to his mother.

I know of a handful of US citizens who were married to Filipinos and had to divorce in the US, even though they resided during the marriage in the Philippines. You are going to have to establish residency in the US, and then file for divorce. All you will end up with is the divorce, and the division of any assets/debts located in the US. You won't get division of any assets located in the Philippines nor child custody decided in a US court.

 

[UseWisely]

What about alimony and child support does the US court decide on those?

 

[LdiJ]

What about alimony and child support does the US court decide on those?

The US court can make at least an initial establishment of alimony and child support if you ask them to do so. If your wife wants to be able to get an annulment in the Philippines so that she can eventually remarry, she won't be able to cooperate with a US divorce. She has to be divorced against her will in order to get an annulment based on a foreign divorce.

You also might be able to get a divorce in Guam, rather than returning all the way to the continental US.

 

[OHRoadwarrior]

She likely knows it is to her advantage for him to file divorce in the US. It is the only way she can go back to the Philippines, get an annulment and remarry. The Philippine Family Code does not allow divorce. It does not recognize divorce initiated by one of its citizens abroad. It will only annul to allow remarriage if the non Philippine spouse initiates the divorce.

The court cannot rule on any property or debt in the Philippines. And if she has not been to the United States, the court may not have personal jurisdiction over her. In fact, she could argue against the court having jurisdiction to grant you a divorce.

 

[UseWisely]

Does she need a representative here in the US? Does she have any right to establish terms or it does not apply since shes not a US citizen?

 

[LdiJ]

Does she need a representative here in the US? Does she have any right to establish terms or it does not apply since shes not a US citizen?

If she chooses to fight the divorce she could hire a US attorney. However the divorce cannot be an agreed upon divorce if she wants to maintain her ability to get an annulment in the Philippines. It has to be against her will. Basically one of two things are going to happen...1) she doesn't react to the divorce at all and you end up getting whatever the US court has jurisdiction to give, or 2) she fights the divorce and the judge sets all of the terms.

Again though, the US courts have no jurisdiction over custody of your son, nor jurisdiction over any property or debts in the Philippines. However, if the courts in the Philippines make a child support order and ask the US courts to help enforce it the US courts will do so. I don't know about alimony...I don't know of anyone with that situation.

 

[OHRoadwarrior]

LDiJ's post 11 is spot on with the caveat that the Philippines are not party to the Hague Child Support Convention. CA has specific state legislation that allows courts to recognize the support order on its own merits, even though CA does not currently have a reciprocation agreement with the Philippines. There are other state that have direct reciprocation with certain countries, but are not set up by state law to recognize a Philippine support order so readily. If anyone would like this for future reference. It is a list of state reciprocity agreements I use it on another site to answer questions.

http://www.acf.hhs.gov/programs/css/irg-state-map

 

[UseWisely]

Thank you guys for those useful information. I talked to her about the divorce but she have something else in mind. She wants me to petition her so she can get a permanent resident status to become US citizen then she herself will file the annulment in the Philippines. In exchange that i will have a sole custody with our child in the Philippines. Can this agreement be possible? If we settled on those terms when she becomes a resident or a citizen will the court grant her compensations? If i pursue on the divorce (since i don't really trust her), and she would not sign the divorce papers, whats going to happen next?

 

[OHRoadwarrior]

Engaging in immigration fraud can get you jail time and a nasty felony record.

 

[LdiJ]

Thank you guys for those useful information. I talked to her about the divorce but she have something else in mind. She wants me to petition her so she can get a permanent resident status to become US citizen then she herself will file the annulment in the Philippines. In exchange that i will have a sole custody with our child in the Philippines. Can this agreement be possible? If we settled on those terms when she becomes a resident or a citizen will the court grant her compensations? If i pursue on the divorce (since i don't really trust her), and she would not sign the divorce papers, whats going to happen next?

I do not believe that you can sponsor her for permanent residency in the US if you are not planning on returning to the US to live. You also cannot divorce her in the US without re-establishing residency in the US.