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Legal Opinion

This letter from a Philippine law firm provides legal advice to a Filipina woman regarding the implications of getting divorced abroad. It summarizes that: (1) A divorce obtained abroad by a Filipina wife would not be recognized in the Philippines as she is governed by Philippine law regarding her marital status; (2) However, a divorce obtained in the United States at the initiation of the alien husband would be valid in the Philippines and allow the Filipina wife to remarry; (3) Based on the details provided about the woman's marriage problems, the law firm advises talking to her husband about filing for divorce in the US or pursuing a petition for nullification of marriage in the Philippines based on psychological in

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326 views2 pages

Legal Opinion

This letter from a Philippine law firm provides legal advice to a Filipina woman regarding the implications of getting divorced abroad. It summarizes that: (1) A divorce obtained abroad by a Filipina wife would not be recognized in the Philippines as she is governed by Philippine law regarding her marital status; (2) However, a divorce obtained in the United States at the initiation of the alien husband would be valid in the Philippines and allow the Filipina wife to remarry; (3) Based on the details provided about the woman's marriage problems, the law firm advises talking to her husband about filing for divorce in the US or pursuing a petition for nullification of marriage in the Philippines based on psychological in

Uploaded by

Mie Lyn
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Macalinao Law Office

Greenbelt Drive Quiot, Cebu City

September 27, 2016

Ms. Maria Ave


21 Jumpstreet
Chicago,
United States

Dear Ms. Ave:

Re: Possible Consequence of getting a divorce abroad

This is regarding your request for a legal opinion from our law firm as
to the possible consequences in acquiring a divorce in the United States.

You inquired about the implications of you or your husband getting a


divorce in United States as far as Philippine laws are concerned. Please refer
to our answer below.

A divorce obtained abroad upon the initiative of the Filipina wife is


deemed void and will not be recognized in the Philippines due to the fact that
the Filipina is governed by Philippine laws relative to her marital status
whether she is in the Philippines or abroad. However, if the divorce was filed
in United States at the initiative of the alien husband, the same may be
recognized as valid in the Philippines, entitling the Filipina wife - in this case,
you - to remarriage. This presupposes that absolute divorce is allowed under
US laws.

As per your letter, it has come to our attention that you and your
husband have been having domestic problems and are thinking of getting a
divorce. That for four years now, you and your husband can no longer agree
on anything. That your marriage has become a disaster with every single day
of arguing and no way of compromising. And you further stated that
“irreconcilable differences” is a ground for divorce in United States.

The Family Code of the Philippines is clear on its law under Article 26
paragraph 2, “where a marriage between a Filipino citizen and a foreigner is
validly celebrated and divorce is thereafter validly obtained abroad by the
alien spouse capacitating him to remarry, the Filipino spouse shall have the
capacity to marry under Philippines law.” Accordingly, even if you and your
husband have been living in the United States for 10 years now, the Philippine
law under the Civil Code, article 15 provides that “Laws relating to family
fights and duties or to the status, condition, and legal capacity of persons are
binding upon citizens of the Philippines, even though living abroad.”

Based on the abovestated laws, a divorce acquired in United States is


valid in the Philippines if it was secured at the instance of your husband.
Thus, we advice you to have a talk with your husband and ask if he is filing
the divorce. Otherwise, considering his possible “Psychological incapacity”
you may have an option to file a petition for declaration of nullity of your
marriage on the ground of Psychological incapacity under Article 36 of the
Family Code of the Philippines.

Sincerely yours,

Romielyn P. Macalinao
Legal Counsel

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