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Non-US citizen got married in the US

Discussion in 'Divorce, Separation, Annulment' started by Lynne Dilling, Aug 15, 2020.

  1. Lynne Dilling

    Lynne Dilling Law Topic Starter New Member

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    Hello,

    My brother and his former wife came to visit me and they got married here. 7 years later, they want to file for divorce, how can they file if they are Filipino citizens and are living in the Philippines. Can I help them process their divorce as a representative? I live in Arizona. I know that there is a 90-day residency in Arizona to be able to file for a divorce.
     
  2. justblue

    justblue Well-Known Member

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    Why can't they file for divorce in the Philippines? And no. You can't help them "process" their divorce...That would be practicing law without a license which is illegal.
     
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  3. Lynne Dilling

    Lynne Dilling Law Topic Starter New Member

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    The got married in Arizona, and there is no divorce in the Philippines.
     
  4. army judge

    army judge Super Moderator

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    The Philippines, an island-nation with a 100 million-strong population, is the only country in the world apart from the Vatican that does not allow divorce. ... Philippine laws allow unhappy married couples to end their union through a legal separation or civil annulment.

    The process can cost at least P250,000 and take anywhere from one to 10 years given the congestion in Philippine court dockets.

    P250,000 is about $5,100 US Dollars.
     
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  5. flyingron

    flyingron Well-Known Member

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    Hopefully, they haven't had children. That increases the residency requirement to six months. Note that just coming here on a tourist visa will probably not be sufficient. The sense of domicile in Arizona law means not only are you sleeping there but that it is for other than "transient or temporary purpose."
     
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  6. adjusterjack

    adjusterjack Super Moderator

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    There are states with shorter residency requirements. Nevada comes to mind. They can also get divorced in Mexico quickly. If they do it properly the divorce will be recognized in the US but they will still be married in the Philippines.

    Their only hope for a life apart is to relocate to the US and become permanent residents and then citizens.

    There's a good reason for the old saying "Marry in haste, repent at leisure."
     
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  7. army judge

    army judge Super Moderator

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    There are dozens of other countries, some much closer to the PI, where a divorce can be obtained cheaply and rapidly.

    One just has to do the research.

    For example, Guam comes to mind:
    A "Guam 7-Day Residency Divorce" is ideal for married couples residing outside of Guam who wish to use the Guam Court system to obtain a United States divorce. Under Guam law, if both non-resident spouses consent to divorce on Guam, agree to the terms of the divorce, and if one spouse comes to Guam for a minimum stay of seven consecutive days and nights, they can obtain their divorce on the island.


    1) Alaska = Potential time to divorce: 30 days (1 month)
    2) Nevada = Potential time to divorce: 42 days (6 weeks)
    3) South Dakota
    Potential time to divorce: 60 days (2 months)
    South Dakota has no residency requirement and a relatively short 60-day waiting period.
    4) Idaho = Potential time to divorce: 62 days (just under 9 weeks)
    Like Nevada, Idaho is one of a handful of community property states, where spouses
    equally own all assets and debts acquired during a marriage. In an uncontested, no-fault divorce, those assets and debts will generally be split evenly between the spouses. So, bickering over who gets what won’t be an issue if you get divorced in Idaho or Nevada. Also, Idaho has a 6-week residency requirement and a short divorce processing time of 20 days.
    5) Wyoming
    Potential time to divorce: 80 days (just over 11 weeks)
    You must live in Wyoming for 60 days before filing for divorce.
    6) New Hampshire
    Potential time to divorce: 1 year for non-residents, 0 for residents

    The Dominican Republic is one country that attracts people who want to untie their knot quickly via a “special divorce.” However, don't think you can fly nonstop from Miami to the Caribbean, sign some papers, and finish. The “quickie” procedure only applies to a divorce by mutual consent. The couple has to formally agree in writing to get a Dominican Republican divorce. Then, they have to sign a formal separation agreement, and follow all other procedural requirements. One spouse has to physically appear at the hearing in the capital city of Santo Domingo. The other can also attend or have representation in the form of an attorney.

    More on Guamanian divorces:

    Guam Divorce Law | Pacific Lawyers

    Hawaii chimes in:

    https://www.lawhelp.org/files/EAD80...DA-644CD8AF052E/f16.divorce-law-in-hawaii.pdf

    Portugal (ALLEGEDLY) allows a married couple to file an electronic request for no-fault collaborative divorce in a non judiciary administrative entity. In specific cases, with no children, real property, alimony, or common address, can be completed within one hour.

    I wish those who seek their freedom via the divorce process a very happy ending.
     
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  8. Zigner

    Zigner Well-Known Member

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    The divorce won't be recognized in the Philippines...so what is their goal?
     
  9. zddoodah

    zddoodah Well-Known Member

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    My understanding is that the Philippines doesn't allow divorces, but this is obviously something they should discuss with an attorney in that country.

    People who don't live in the U.S. cannot get divorced in the U.S.

    Doesn't matter.
     
  10. Lynne Dilling

    Lynne Dilling Law Topic Starter New Member

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    I think we have found the answer. Thank you all for your input.

    We appreciate all your responses.
     
  11. Zigner

    Zigner Well-Known Member

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    I hope part of that answer includes the fact that, no, you can't act as their representative in legal matters.
     
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