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Recognition of US Divorce

Discussion in 'Expat Section' started by Willanders, Feb 28, 2022.

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  1. Willanders

    Willanders DI New Member

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    My Filipina GF is divorced from her US husband in Utah. To be able to remarry she has to get the Recognition of a Foreign Divorce. According to an attorney she needs:

    1. an apostille of the decree of divorce and

    2. an authenticated copy of the statute stating a) the jurisdiction of the court granting the divorce, and b) that the effect of the divorce is that the parties can remarry.

    3. certification saying, he/she has the custody of the official law.

    The problem is to get all the documents. The court in Utah can send the apostille of the decree of divorce, but not the other documents. The https://authentications.utah.gov/process-from-home-page/
    must first get the documents to authenticate them.

    Does anyone here have an idea how to get the above mentioned papers - without hiring an US-lawyer?
     
  2. Randyb

    Randyb DI Member Blood Donor

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  3. Randyb

    Randyb DI Member Blood Donor

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    I got an affidavit from cebu american consulate, and all i remember was swearing to the fact I was legally divorced. I would call them and verify
     
  4. eskirvin

    eskirvin DI Forum Adept Blood Donor Veteran Navy

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    I remember having to do this for the "singleness" paperwork. It is odd if they require more paperwork.
     
  5. jim787

    jim787 DI Senior Member

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    The American's status as single is a different problem. Nowadays the Consulate will tell you to do an affidavit with a local attorney. The question concerned the spouse (wife) of an American to confirm a divorce he got in a US state court. That would require, I suppose a clerk-certified copy of the divorce decree. Simple for the US spouse to get. He probably sent her a copy already.
     
  6. OP
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    Willanders

    Willanders DI New Member

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    He sent her the copy of the decree of the divorce, but not authenticated. But as I wrote, the decree of divorce is not enough, she needs all the other documents as well.
     
  7. Dutchie

    Dutchie DI Senior Member Showcase Reviewer Veteran Army

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    The impression I get is that, apart from the official divorce decree plus apostille, it is typical Filipino demands for stuff that only states the obvious.
    I mean, what court would issue a divorce decree if they don't have jurisdiction and what kind of divorce would not allow ex-partners to remarry?
    The other document you're referring to is gobbledygook to me, "have custody of the official law"? I would think the custody of the official law (the official paper with all the required signatures) would rest with some state agency in the state capital, but I am sure that's not what you mean.
     
  8. eskirvin

    eskirvin DI Forum Adept Blood Donor Veteran Navy

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    Yes, which is what I meant about it seeming strange to want more than what is required for "singleness" but I am growing accustomed to the law of the Philippines either not being followed, incorrectly interpreted, or just being poorly written. I've got a rather lengthy discussion on here about how the Philippines embassy in Kuwait was going to rename my daughter.

    If, by law, to get married, you need to prove you are single by providing divorce decrees if you were previously married, and just providing the decree and an attestation by the US Embassy is enough to fulfil those requirements, how could you need more in any other case?
     
  9. OP
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    Willanders

    Willanders DI New Member

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    This filipino procedure is just crazy, not logical at all. In a normal country you need your decree of divorce and you can marry like that. But here we need the papers I wrote above. The whole situation makes me crazy.
     
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