MENDOZA LAW OFFICE

P. Del Rosario St., Cebu City

September 29, 2016

Ms. Maria
Cebu City,
Philippines
Re:

Possible action for divorce between a Filipina and American

Husband in the United States

Dear Ms. Maria,

You requested my opinion regarding the consequences of
getting a divorce in the Unites States with respect to your marriage
between you and your American husband, Mr. Joe.
In my opinion, a divorce obtained abroad as initiated by a
Filipina spouse is considered void and cannot be recognized in the
Philippines. The reason behind this is that a Filipina is governed by
Philippine laws concerning her marital status, whether she resides
in the Philippines or abroad. On the other hand, if the divorce was
initiated by the alien spouse, it may be recognized in the Philippines
as long as it is valid. Consequently, the Filipina will be capacitated
to remarry under the Philippine laws.
Based on the following circumstances, you said that you and
Mr. Joe were married in the United States and have been living
together as husband and wife for 10 years. As of this current phase
of your married life, the two of you have been encountering
domestic problems.

The second paragraph of Article 26 of the Family Code of the

Philippines clearly provides that 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 likewise have
capacity to remarry under Philippine law.
As indicated in the abovementioned provision, a divorce
obtained in the United States is valid and can be recognized in the
Philippines if it was filed at the initiative of the American husband.
My recommendation is that you should talk with your husband first
and ask if he is the one who will file for divorce. Or else, you may
choose to file a petition for declaration of nullity of your marriage
invoking Article 36 of the Family Code on the ground of possible
psychological incapacity of your husband.

Sincerely yours,
JURIS RENIER C. MENDOZA
Legal Counsel