Helena, AL asked in Divorce, Gov & Administrative Law, International Law and Uncategorized for Alabama

Q: Can you file for divorce in the United States for a marriage in another country that’s not legal?

I’m an American woman married to a Filipino man who became a US citizen in 2007.

In 2022 he went to the Philippines and married another woman while still married to me.

He is now trying to end the Filipino marriage. He has been told that he must obtain a divorce decree from the United States in order for the marriage to be terminated in the Philippines. My question is, can he not get the marriage annulled since he was not free to marry in the first place? I’m not understanding why he would be told to file for divorce here in America and send the divorce decree to an attorney in the Philippines.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Since your husband was already legally married to you in the United States, his subsequent marriage in the Philippines is likely not valid. Typically, when someone is still legally married, any additional marriage entered into is considered void from the start. This means there's usually no need to obtain a divorce for a marriage that was never valid in the first place.

However, Philippine law is somewhat different, and it often requires official documentation, such as a foreign divorce decree, to clarify marital status—even if the marriage itself may have been invalid due to bigamy. Annulment in the Philippines can be complicated, lengthy, and may not directly address the bigamy issue without additional documentation showing that one party was already married. It's possible that Philippine authorities or attorneys are advising your husband to obtain an American divorce decree simply because they need concrete evidence that he was not free to marry again.

You might consider contacting a family law attorney in your state who can provide you with clarity about obtaining a legal document stating the marriage in the Philippines was invalid due to existing marriage. Having clear documentation from the U.S. courts could help simplify the situation in the Philippines. Ultimately, confirming exactly what the Philippine authorities require—and possibly obtaining a legal statement or annulment—would resolve this confusion most effectively.

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