How to Have a U.S. Divorce Decree Recognized in the Philippines: A Guide for Filipinos
If you were married in Washington State and have since gone through a divorce there, you may be wondering how to have your divorce decree recognized in the Philippines. This is a common concern among Filipinos who have built new lives abroad but still need to align their marital status under Philippine law.
Read more:
Is a Foreign Divorce Valid for U.S. Citizens? What to Know If You Married in the Philippines
In this blog, we’ll guide you through the process of recognizing a foreign divorce in the Philippines, specifically for those who were married in Washington State, USA. We’ll also answer some frequently asked questions and provide essential tips to help you navigate this legal process smoothly
Can a Divorce Obtained in the U.S. Be Recognized in the Philippines?
Under Philippine law, divorce is not generally recognized unless the foreign spouse initiates it. However, Republic Act No. 9048 and relevant Supreme Court rulings allow Filipino citizens to have a foreign divorce decree recognized, provided that certain legal requirements are met.
Who Can Petition for Recognition of a Foreign Divorce in the Philippines?
If you are a Filipino citizen who was divorced in Washington State, you must file a petition for judicial recognition of the foreign divorce in a Philippine court. This applies even if the divorce was mutually agreed upon or initiated by your non-Filipino spouse.
Requirements for Recognition of Divorce Decree in the Philippines
To have your divorce decree recognized, you will typically need the following:
- Authenticated copy of the Divorce Decree from Washington State.
- Certificate of Finality or equivalent document proving the divorce is final and executory.
- Marriage Certificate (issued by the Philippine Statistics Authority or Local Civil Registry).
- Proof of Foreign Law (Washington State laws on divorce, authenticated).
- Petition for Judicial Recognition filed in a Regional Trial Court (RTC) in the Philippines.
- Legal representation by a Philippine attorney experienced in family law.
Step-by-Step Process to Recognize a Washington State Divorce in the Philippines
- Secure all required documents including the authenticated divorce decree and proof of foreign law.
- Hire a Philippine lawyer who can guide you through the judicial recognition process.
- File a petition in the appropriate RTC.
- Attend court hearings, as required.
- Receive the court order recognizing the divorce decree.
- Update your civil status with the Philippine Statistics Authority (PSA) once the court decision is final.
Why It Matters to Have Your U.S. Divorce Recognized in the Philippines
Failing to recognize your U.S. divorce in the Philippines can lead to several legal complications:
- You may still be considered legally married in the Philippines.
- You cannot remarry under Philippine law.
- Your property and inheritance rights could be affected.
- Your spouse in the Philippines may file for abandonment, which is a ground for criminal action under Philippine law. This adds another layer of legal risk for individuals who have not properly addressed their marital status.
Recognizing your divorce ensures legal clarity and allows you to move forward with your life, both emotionally and legally.
Final Thoughts
If you’re a Filipino citizen who has been divorced in Washington State, it’s essential to take the necessary legal steps to have that divorce recognized in the Philippines. While the process may seem daunting, working with a qualified family lawyer can make all the difference.
Need legal assistance? Contact Soriano Law today to schedule a consultation and start the process of legalizing your marital status in the Philippines.
Please reach us at the following channels:
Telephone: (360) 249-6174
Mobile: (360) 742-2817
Email: ron@sorianolawllc.com
Facebook and Twitter: @SorianoLawLLC
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice.