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    Mendoza Law Office: P. Del Rosario ST., Cebu City

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    Juris Renier Mendoza
    A Filipina woman named Maria asked a lawyer about getting divorced from her American husband in the United States. The lawyer explained that if Maria files for divorce abroad, it would not be recognized in the Philippines. However, if her American husband files for divorce in the US, it could be recognized in the Philippines, allowing Maria to remarry. The lawyer recommended that Maria discuss filing for divorce with her husband, since a divorce initiated by him in the US would be valid under Philippine law. If he does not want a divorce, Maria's alternative is to file for a legal separation in the Philippines due to psychological incapacity of the husband.

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    Mendoza Law Office: P. Del Rosario ST., Cebu City

    Uploaded by

    Juris Renier Mendoza
    51 views2 pages
    A Filipina woman named Maria asked a lawyer about getting divorced from her American husband in the United States. The lawyer explained that if Maria files for divorce abroad, it would not be recognized in the Philippines. However, if her American husband files for divorce in the US, it could be recognized in the Philippines, allowing Maria to remarry. The lawyer recommended that Maria discuss filing for divorce with her husband, since a divorce initiated by him in the US would be valid under Philippine law. If he does not want a divorce, Maria's alternative is to file for a legal separation in the Philippines due to psychological incapacity of the husband.

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    A Filipina woman named Maria asked a lawyer about getting divorced from her American husband in the United States. The lawyer explained that if Maria files for divorce abroad, it would not be recognized in the Philippines. However, if her American husband files for divorce in the US, it could be recognized in the Philippines, allowing Maria to remarry. The lawyer recommended that Maria discuss filing for divorce with her husband, since a divorce initiated by him in the US would be valid under Philippine law. If he does not want a divorce, Maria's alternative is to file for a legal separation in the Philippines due to psychological incapacity of the husband.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    51 views2 pages

    Mendoza Law Office: P. Del Rosario ST., Cebu City

    Uploaded by

    Juris Renier Mendoza
    A Filipina woman named Maria asked a lawyer about getting divorced from her American husband in the United States. The lawyer explained that if Maria files for divorce abroad, it would not be recognized in the Philippines. However, if her American husband files for divorce in the US, it could be recognized in the Philippines, allowing Maria to remarry. The lawyer recommended that Maria discuss filing for divorce with her husband, since a divorce initiated by him in the US would be valid under Philippine law. If he does not want a divorce, Maria's alternative is to file for a legal separation in the Philippines due to psychological incapacity of the husband.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MENDOZA LAW OFFICE

    P. Del Rosario St., Cebu City

    September 29, 2016


    Ms. Maria
    Cebu City,
    Philippines
    Re:

    Possible action for divorce between a Filipina and American


    Husband in the United States

    Dear Ms. Maria,


    You requested my opinion regarding the consequences of
    getting a divorce in the Unites States with respect to your marriage
    between you and your American husband, Mr. Joe.
    In my opinion, a divorce obtained abroad as initiated by a
    Filipina spouse is considered void and cannot be recognized in the
    Philippines. The reason behind this is that a Filipina is governed by
    Philippine laws concerning her marital status, whether she resides
    in the Philippines or abroad. On the other hand, if the divorce was
    initiated by the alien spouse, it may be recognized in the Philippines
    as long as it is valid. Consequently, the Filipina will be capacitated
    to remarry under the Philippine laws.
    Based on the following circumstances, you said that you and
    Mr. Joe were married in the United States and have been living
    together as husband and wife for 10 years. As of this current phase
    of your married life, the two of you have been encountering
    domestic problems.

    The second paragraph of Article 26 of the Family Code of the


    Philippines clearly provides that where a marriage between a
    Filipino citizen and a foreigner is validly celebrated and a divorce is
    thereafter validly obtained abroad by the alien spouse capacitating
    him or her to remarry, the Filipino spouse shall likewise have
    capacity to remarry under Philippine law.
    As indicated in the abovementioned provision, a divorce
    obtained in the United States is valid and can be recognized in the
    Philippines if it was filed at the initiative of the American husband.
    My recommendation is that you should talk with your husband first
    and ask if he is the one who will file for divorce. Or else, you may
    choose to file a petition for declaration of nullity of your marriage
    invoking Article 36 of the Family Code on the ground of possible
    psychological incapacity of your husband.

    Sincerely yours,
    JURIS RENIER C. MENDOZA
    Legal Counsel

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