QUESTION
Does my girlfriend need an annulment if she’s a Filipina and was previously married without a divorce?
Asked on Oct 24th, 2012 on Divorce - New Jersey
More details to this question:
My girlfriend’s husband took off eight years ago. He has not been in contact and neglected her. They have no contact. I met her I fell in love. I want to marry her very badly, can I? I am an American citizen. She has a child and I want to be a daddy to him. Her son calls me dad. She states I am her husband even though were not married and in her heart, she and I love each other. I am a US soldier. I’m tired of Skyping. I want to be with each other her in the USA and have her and her son as my orphan. I grew up without a family and this is truly the only thing that drives me in life so much. I want to pay for her annulment if it is able for her to be permitted to marry me. I love her. I want to be with her soooo badly. She and her son are my world. Before I deploy I want to marry n have a family. Is it necessary to have to go through the annulment. Is there another way legally around it? Thanks.
10 ANSWERS
Your girlfriend needs a divorce. You should consult an experienced attorney who can hire a PI to search for her husband. Once a last-known address is found, he can be served divorce papers there or by publication if the court allows substitute service. If her son is from the marriage, you will have to wait 6 months to enter a judgment unless you can get the court to waive it to allow you two to marry before you ship out. After a year, you can file a step-parent adoption and become her son's legal father if there has been no support and/or no contact with the child for more than two years.
Answered on Oct 31st, 2012 at 4:52 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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This is not a question of Michigan law, she is a resident of the Philippine's and subject to that country's laws. So, she must get a divorce (or an annulment) under Philippine law, before you can marry her and sponsor her for a US visa. If you marry her before she is divorced she would be committing bigamy, which is illegal under most State's laws (I am unsure if it is illegal under Philippine law)
Answered on Oct 29th, 2012 at 5:30 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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She has to be divorced first. If she wants you she will find her husband and file for divorce or get a default judgment. She can find a family law attorney in the Philippines to help her. This will take time.
Answered on Oct 28th, 2012 at 4:28 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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She needs a divorce before you can marry her. She can get one in the US. Consult with a local attorney.
Answered on Oct 25th, 2012 at 6:40 PM
Your girlfriend's prior marriage must be dissolved before you can marry. You should consult a family law attorney and review all of the facts to determine how best to proceed.
Answered on Oct 25th, 2012 at 6:40 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Your girlfriend is already married and can't marry you until she divorces her first husband. If she's been in a state in the U.S for at least six months, she can get divorced in that state, or in a state where her husband has lived for the past six months. An annulment is probably out of the question, but it wouldn't hurt to ask about it when she sees a lawyer.
Answered on Oct 25th, 2012 at 6:40 PM
Leonard A. Kaanta
She is still married to him. She needs a divorce.
Answered on Oct 25th, 2012 at 6:39 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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It is a crime in United States to be married to two people at the same time. Of course, she will need to obtain a divorce before she remarries.
Answered on Oct 25th, 2012 at 6:38 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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It is absolutely necessary for her to obtain a divorce (given the passage of time and the existence of a child from the marriage, an "annulment" is not feasible) before you marry her.
Answered on Oct 25th, 2012 at 6:38 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If your girlfriend was married in the Philippines and still lives there she needs to contact a Filipino lawyer to find out whether she can get an annulment under Philippine law. Without either an annulment or a divorce, she cannot marry someone else. She probably cannot get an annulment after 8 years, but that will be controlled by Philippine law.
Answered on Oct 25th, 2012 at 6:38 PM