Legal Question in Family Law in Philippines
My husband divorce me last 2002. I am a plain housemother, living with my 16 year old son here in the Philippines. I don't have money to pay you so i'm asking if you can help me with free of charge consultation. Here are the questions - What are the benefits I can get with my ex-husband (living in US for 8 years now)? When I asked him about his financial obligations with us, he always do say - i have no money bec. i have no job. My 2 sons and 2 daughters are with him. My eldest son 24 years old went to US last April 2010, he already have his green card. Can he make a petition for me and how long will it takes?
1 Answer from Attorneys
If he initiated the divorce when was still a Filipino citizen (on the assumption that he was naturalized as an American thereafter) then the divorce cannot be recognized here and it is therefore not valid.under Philippine law. Thus, you remain married in so far as Philippine law is concerned. However, you may have a problem in initiating a suit for support against your husband as he is out of the country. Our courts cannot acquire jurisdiction over his person. Your son, who is a green card holder, cannot petition you in the US until he obtains a US citizenship after five (5) years of staying in the US.