Fraudulent marriage

Dear Atty. Shalie,

I am a former Filipino citizen. About seven years ago, I got married in the Philippines, to a man who was introduced to me by a common friend. Our wedding complied with all the requisites of marriage, except that it was never consummated.

We both went to our respective homes after the ceremony. We did not get the chance to be together. Despite the questionable circumstances in our situation, I still petitioned for my husband’s migration to the US. The petition was approved, and my husband was able to come to the US.

Upon his arrival to the US, he never came to live with me. He stayed with his relatives and friends, and I later found out that he was in another relationship. He did not even attempt to communicate with me. I have no idea what my husband’s plans are, particularly about our marriage. I only know now that he just used me to get to the United States, but had no intention to be, much less stay married to me.

I want to be released from this fraudulent marriage. Is it necessary for me to return to the Philippines to have my marriage annulled or nullified, as my husband is a Filipino? Or will a divorce that I intend to file in the US be sufficient for our marriage to end? Cassie

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Dear Cassie,

While divorce is still not allowed under Philippine laws, you, being a US citizen now, have the option to file for divorce and have your marriage terminated. You do not need to file a petition for annulment or declaration of nullity of marriage in the Philippines, as the foreign divorce decree that you may validly obtain from the US, would be valid and recognized here.

However, in order that such a divorce decree could be judicially enforced and confirmed, and recorded in this jurisdiction, you will need to file a petition for the recognition of a foreign judgment of divorce, which entails different legal procedures.

You must prove the fact of divorce and the national law of the foreign spouse, in your case the US law on divorce. Before granting the petition, Philippine courts may require documents, depending on the particular foreign country involved, and depending on the particular case, as countries differ in marriage and divorce processes and documents.

Only then would you be completely free from the bond of marriage with your husband, especially concerning your marital status in the Philippines.