Legal Question in Family Law in California
I have been living in the Philippines for about 5 years where we married 4 years ago. If I file a divorce in the U.S. would that be honored in the Philippines to allow me to remarry there? I have 2 young kids. I grew up in California but I'm also wondering if it matters which state I filed the divorce in.
3 Answers from Attorneys
You need to discuss this issue with a skilled family law attorney in the Philippines.
Given that you were married in the Philippines, have lived there ever since and still live there, no U.S. court would have even the slightest jurisdiction over a divorce. Where you grew up is totally irrelevant. Under U.S. law the only thing that grants a U.S. court jurisdiction over a divorce is living in the U.S. state in which you file for at least six months before filing. If you have kids, the kids need to live there for six months too. So unless you can move her and bring the kids, for at least six months, no U.S. court can have anything to do with your marriage or divorce.