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Some Filipinas are still unaware of the change in the law and under the impression they cannot re-marry due to a previous marriage to a foreigner. as long as that previous foreigner has divorced them legally in their own home-country, it now applies for them as well. If she can get a work visa or other visa to your own home-country it’s possible to live together, but if your own country recognizes her Philippine marriage as still valid (most do) then getting re-married in your own home-country would not be legally possible. let’s say Dwayne falls in love with Mariana the Filipina.
If she is married to a home-country for another remedy so that you two can possibly marry OUTSIDE the Philippines. Technically, you may find a way via this avenue to become married and be with your bride.. But if your plans are to live as married in the Philippines.. The best person to help you navigate those waters, again, would be an Immigration Attorney in your own home-country. But Mariana’s husband abandoned her to live the single life on the other side of town, living alone.
the information I am sharing with you here is fully referenced, so use the links provided to fact-check on your own.
I am not an attorney nor am I in any way providing anyone with the most current legal stances in place.
But the annulment process passes through several hands and if not everybody is on the same page.. for whatever reason you later decide you want to divorce.. You will have to return to your home-country and file for divorce there.
you will need to (a) Have her legally ‘Served’ with the Subpoena for Dissolution of Marriage and (b) before you can even file, you may have to re-establish your Residency in your home-country for perhaps 6 months. Let’s say ‘Joe’ arrives in the year 2000 and marries ‘Grace’, the Filipina.
Especially if this takes place by cohabitation in Now.. Only recently, in April of 2012 did the Philippines Congress convene on the issue of clarifying the laws regarding Adultery. they did not lessen the punishments or remove the Adultery laws.. the ‘accused’ (Defendant) spouse can counter and have the charges dropped from the ‘accusing’ (Prosecuting) spouse IF the ‘accusing’ spouse either (a) has been committing the same infidelity themselves or (b) has abandoned the home physically and financially for more than 1 year.
If either of those apply, the ‘accusing’ spouse cannot press charges.
I choose to believe that if two people love each other they can somehow, someway find a way to (legally) be together.. Most are very loving, humble, faithful and hold to a moral character greater than what most of us ‘foreign’ men are accustomed to and it can make for a wonderful life in choosing the right one as a wife.
After 49 years living in Southern California, USA, I decided to move to the Philippines despite never having been here before.
Another thing, ONLY the spouse can file the charges, no meddling 3rd party (neighbors, friends, family) can file Adultery charges.. Again, it is still unclear if these conditions were incorporated into the current changes in the law this year or not. But I believe there’s always a way if a person gets the right counsel, preferably from an attorney if needed. S., one inexpensive way to get unlimited consultation with an Attorney is via the I wish you all the best in your search for love and romance here in the Philippines.