As discussed in our previous blog entry concerning divorce laws in Nevada and what might be right for you, the laws concerning divorce in other states can be far different from California. However, these guidelines can be even more different in other countries.
Be aware of countries that do not recognize divorces, such as the Philippines, where only annulments are allowed. Per Article 26 of the Civil Code of the Philippines:
“Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227).”
A valid U.S. divorce is still an option, even if you are from the Philippines. If you are born in the Philippines but are currently a U.S. citizen, your divorce in the U.S. will be recognized even if you return to the Philippines to remarry and petition your new spouse. In the Philippines, you are now considered a foreigner. If you are a Filipino citizen who obtains a divorce in the U.S, remarries, and applies for immigration benefits with USCIS, your divorce will be recognized because USCIS will always apply U.S. laws (which allow divorce).
Be aware, however, if you are a Filipino citizen and enter the U.S. simply to obtain a divorce, and later return to the Philippines and try to get married again, the family judge in the Philippines might not recognize your second marriage. This is due to the application of Filipino law, which only recognizes annulments.
Obtaining a divorce in the United States, especially in Nevada, is becoming increasingly more challenging. At the Immigration Law Office of Los Angeles, P.C., we can advise you of your options in order to avoid unnecessary delays, frustration, and complications with your case.
To learn more about your rights, call us today at (888) 481-9398 and learn more about us at our testimonials page.