Divorce initiated by US citizen married to Filipino in the Philippines; do I have to represent myself in court in USA?

[DarlinC]

Hi if you could please help with some direction. I am a citizen of the Philippines married to a US citizen. We married in the Philippines. While there is no divorce allowed in the Philippines, a divorce is recognized by Philippines law if the foreign spouse obtains a divorce overseas. My husband and I have been separated for several years. We have a child together (5 years old and an US citizen) but no assets. He has agreed to divorce me in the USA but he is saying that I need to present myself physically in the USA , however everything I have read on the internet does not indicate that to be true. So the question is, do I have to be physically present in the US for my husband to obtain a divorce (I am not a US citizen and I have never been there either) or can I remain in the Philippines while he initiates the divorce (in Las Vegas for example); completing the required documents through correspondence? Please advise and thank you in advance!

 

[Zigner]

What US state is your husband a resident of?

 

[DarlinC]

Hi Zigner he a resident of Florida but he plans to get the divorce in Nevada and live there for 6 months prior. What do you think?

 

[LdiJ]

Hi Zigner he a resident of Florida but he plans to get the divorce in Nevada and live there for 6 months prior. What do you think?

He doesn't have to do the Las Vegas thing. He can get divorced in FL just as easily. If he cannot figure out how to do it without an attorney, then he needs to get an attorney.

 

[DarlinC]

Do I need to go to US in person? Can you tell me that? It's very difficult for me and I have never been there. It's a considerable expense too. Is there anything else you can tell me so I can be advised and direct him? He doesn't want to pay an attorney because of the expense and because he is on disability. But I am praying he will divorce me. Thank you for your help so far.

 

[DarlinC]

Also to add, I have a child with him. He say's that based on the advice he has received because we have a child together that is the reason I need to attend in person but I don't see why that makes any difference and the child is in my custody. By the way I'm receiving assistance in writing this as English is not my first language. Thanks again!

 

[LdiJ]

Also to add, I have a child with him. He say's that based on the advice he has received because we have a child together that is the reason I need to attend in person but I don't see why that makes any difference and the child is in my custody. By the way I'm receiving assistance in writing this as English is not my first language. Thanks again!

He is wrong because a US court has absolutely zero jurisdiction over the custody of your child. Your child has never been a resident of the US, therefore a US court cannot address anything about your child. You should object if your husband attempts to include anything about your child in the US divorce.

 

[Zigner]

He is wrong because a US court has absolutely zero jurisdiction over the custody of your child. Your child has never been a resident of the US, therefore a US court cannot address anything about your child. You should object if your husband attempts to include anything about your child in the US divorce.

It's not quite that simple, and it'll confuse the OP to just say "...object if your husband attempts to include anything about your child in the US divorce." The child will need to be mentioned in the divorce, even if just to acknowledge the existence of and lack of jurisdiction over the child.

 

[not2cleverRed]

Also to add, I have a child with him. He say's that based on the advice he has received because we have a child together that is the reason I need to attend in person but I don't see why that makes any difference and the child is in my custody. By the way I'm receiving assistance in writing this as English is not my first language. Thanks again!

I think he is mistaken.

Yes, the child has to be mentioned in the divorce papers, and accounted for in the decree:
1) there should be child support addressed in the decree,
2) there should be custody/visitation addressed in the decree.

The main reason to advise a person to show up in person is to avoid a default decision. If you have been properly served notice (which does not necessarily mean that you have been served papers directly), and you do not show up, the other party (your husband) could pretty much get whatever he wants by default - although if a judge knows about the child, $0 in child support would likely not be approved.

The problem with a default judgement is that it can be set aside if it turns out the other party (you) weren't properly served (legally). And you might want to appeal it if the terms are really bad.

 

[LdiJ]

I think he is mistaken.

Yes, the child has to be mentioned in the divorce papers, and accounted for in the decree:
1) there should be child support addressed in the decree,
2) there should be custody/visitation addressed in the decree.

Absolutely NOT Red. No US court has jurisdiction over child support or child custody therefore the OP should not allow the US court to take jurisdiction by acquiescing to the US court making orders regarding the child. It would be a huge mistake on her part.

I will concede that it would be ok to state that there is a child of the marriage living in the Philippines but that the US court does not have jurisdiction to make orders regarding that child.

The main reason to advise a person to show up in person is to avoid a default decision. If you have been properly served notice (which does not necessarily mean that you have been served papers directly), and you do not show up, the other party (your husband) could pretty much get whatever he wants by default - although if a judge knows about the child, $0 in child support would likely not be approved.

The problem with a default judgement is that it can be set aside if it turns out the other party (you) weren't properly served (legally). And you might want to appeal it if the terms are really bad.

Again, the US court would have no authority to make orders regarding a child who lives (and has aways lived) in another country. A US court couldn't make orders regarding property in another country either.

 

[DarlinC]

He is wrong because a US court has absolutely zero jurisdiction over the custody of your child. Your child has never been a resident of the US, therefore a US court cannot address anything about your child. You should object if your husband attempts to include anything about your child in the US divorce.

Thank you all for your input. Our child has been a resident in the US. After we separated my husband took our son to the US for a period of 8 months. During this time he acquired a US passport and I think citizenship (because he has a passport) does this change anything? We have already agreed on custody (100% to myself) and agreed to a monthly amount of child support that I receive. The child is currently in the Philippines under my care (my child is dual citizen of both countries) and this will not change. Based on this what do you think?

 

[Zigner]

Thank you all for your input. Our child has been a resident in the US. After we separated my husband took our son to the US for a period of 8 months. During this time he acquired a US passport and I think citizenship (because he has a passport) does this change anything? We have already agreed on custody (100% to myself) and agreed to a monthly amount of child support that I receive. The child is currently in the Philippines under my care (my child is dual citizen of both countries) and this will not change. Based on this what do you think?

The advice is the same.

 

[DarlinC]

I will direct the father of my child to this thread so he can see for himself that he can initiate divorce proceedings in the state where he is a resident- Florida- and that I do not have to attend in person for the court to grant the divorce. Thank you all for taking the time to help me with this advice I really appreciate it!