Legal Question in Family Law in Philippines

Re: spouse is in the philippines

At this point in time are you already a US citizen? If not, the Philippine law will not recognize any divorce decree obtained in Texas. However, if you are already an American citizen then the dirvorce decree will be valid in so far as the foreign spouse is concerned pursuant to the Supreme Court's interpretation of the second paragraph of Art. 26 of the Family Code in the case of RP vs. Orbecido. G.R. No. 154389, October 5,2005. In the said case, the Supreme Court ruled that:Paragraph 2 of Article 26 should be interpreted to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The Filipino spouse should likewise be allowed to remarry as if the other party were a foreigner at the time of the solemnization of the marriage.

It will just be a waste of time if you file a divorce in Texas without securing first your US citizenship. This is for you to avail the benefit of Article 26 of the Family Code.

If the second paragraph of Article 26 of the Family Code will apply then you can have the decree be recognized here in the Philippines.

May the good force be with you.

Re: spouse is in the philippines

To whom it may concern,

Greetings!

I am pleased to inform you of our willingness to render legal service in connection with an annulment of marriage. Our Firm specializes in Family Law and litigation and we have several annulment cases pending in the various courts in Metro Manila.

You have two (2) options on how to go about with the annulment.

a.) Ordinary Procedure � We could file the Petition for Annulment of Marriage in the Regional Trial Court of the locality where the petitioner or respondent resides in the Philippines It would take around one to two years before a decision would be rendered by the court. The petitioner would also be required to undergo a psychological examination by a clinical psychologist. This is a requirement of the law. For this procedure, you would have to attend a few hearings in court, specifically during the pre-trial and trial of the case.

b.) Extraordinary Procedure � For our clients who are abroad and would not be able to attend court hearings in the Philippines, we would like to recommend this procedure. Unlike in the previous option, your appearance would not be required in court and a decision would be rendered within a period of six (6) to seven (7) months, more or less. However, it is required that your spouse must not CONTEST the annulment. In essence, you would not be required to appear in court and it would take a far shorter time before a decision is rendered.

For either option, we would need a copy of the marriage contract and a summary of the narration of the events.

Thank you for the inquiry and we look forward to your reply.

Very truly yours,

Atty. Robert John P. Juco

Managing Partner

Lu Asuncion Gaza & Mamangun

Re: spouse is in the philippines

If you are a Texas resident you can file for your divorce here, and have him served in the Phillipines. You will need to retain an attorney.

Re: spouse is in the philippines

A divorce here is much simpler than what Mr. Juco described. You have to have lived in Texas for at least six months and been in the same county for the last 90 days. Texas is a "no fault" state so there does not have to be any reason for the divorce other than you want one. Feel free to call my office if you are interested in an appointment to discuss your options. Ask for my legal assistant, Arlene.