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Finance & Legal Best Posts in Thread: Abandoned wife.

  1. ChMacQueen

    ChMacQueen DI Forum Patron Highly Rated Poster Showcase Reviewer Veteran Army

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    Far as what I know she is completely SOL. She can't do anything to force him to pay or even pressure him through the US Embassy for anything. She can wait and try and file for an annulment due to being abandoned after the time period elapses and pay that but unless he is in the Philippines and and she can get the courts after him and/or immigration that's where it stops. As known the US Govt doesn't keep records of marriages or divorces and that is held by the state which will only hold the marriages and divorces done through that state. The US Embassy has no jurisdiction as it were to try and interfere plus whatever would apply would be state laws of where he lives as the US doesn't have a unilateral marriage law/system in place and its left to the states.

    Further she can claim whatever she wants and he could quite easily say something like *we got married and I found she was cheating on me and had a secret Filipino lover and the two of them had been scamming me for money since we met*. Then he claims he found out she was cheating on him and her pack of *lies* and up and left. Hence he never abandoned her but she abandoned her vows to him and the relationship was a complete fraud making the marriage a complete fraud. Now you have the US Embassy or whomever siding with the American of course and of course the Philippines siding with the Filipina and her story. Who is full of crap or not doesn't matter as none of it can actually be proven or disproven either way. The Philippines could rule against him and the US courts could rule against her. This is why the governments stay out of the business if its not within their own borders or some proven criminal behavior which *spousal abandonment* isn't considered by US law as we don't feel we own our spouse and still retain our freedom as a human being.
     
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  2. PatO

    PatO DI Forum Luminary Highly Rated Poster Showcase Reviewer Veteran Marines

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    I had to attend that prelim requisite seminar with my to-be wife which was in Visayan. Almost as painful as the Noreco seminar to get your power turned on in your name.
     
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  3. DaveD

    DaveD DI Senior Member Showcase Reviewer Veteran Navy

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    Question who married them and where?
    See|: foreigners and marriage in the philippines - Immigration: Philippine laws, procedures - The World of Filipinas

    "First of all, foreigners who wish to marry in the Philippines are required to obtain a certificate of legal capacity to marry issued by diplomatic or consular representatives of their country. This is in accordance with the first paragraph of Article 21 of the Family Code of the Philippines, which states:

    "When either or both of the contracting parties are citizens of a foreign country, it shall be necessary for them before a marriage license can be obtained, to submit a certificate of legal capacity to contract marriage, issued by their respective diplomatic or consular officials."

    For example, a citizen of the United States wishing to marry in the Philippines, must appear personally before a consular officer, at the U.S. Embassy in Manila and procure a certificate of legal capacity to marry. Once the certificate has been received, the application for a marriage license can be made at the office of the local Philippine Civil Registrar of the town or city where the Filipino fiancee is a resident. The foreigner will need to present the certificate, passport, and documentation regarding parental consent or advice if applicable. There is also a need to present a divorce decree if the foreigner has been previously married and a death certificate if a widow or widower."

    Hence was it a legal marriage?
     
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  4. Rye83

    Rye83 with pastrami Admin Secured Account Highly Rated Poster SC Connoisseur Veteran Army

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    It was an honest question. I would think if she wanted to go for an annulment that she would be better off not registering it to try to make it as least "official" as possible or to help show the true intentions of the husband (not sure how annulments actually work in the PI though).

    If she is after money she probably won't have much success considering the length of the marriage. There might not be divorce in the Philippines but an American can file for divorce/dissolution of a foreign marriage and get a judge to sign off on it in the US (regardless of the divorce laws in the Philippines)......he could even go so far as to say she was the one who abandoned him. All he has to do to satisfy the court is to place an ad in the local newspaper stating the "missing" spouse has so many days to reply (that's how it worked in the state I was divorced in and I've heard it is the same for many other states). The problem she will have then is that the Philippines will recognize him legally single but the Filipina will still be considered married.
     
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