Philippine Marriage and the Am I Considered Married Question
(Updated 24 October 2019)
Recently I received another comment with questions on this surprisingly common issue. Is there any way a Filipino, who was legally married as recognized by the Philippines, be considered legally “un-married” by the Philippines and.or the US government.
(As always, remember that these are my layman’s opinions, offered for information and discussion purposes. They are NOT legal advice and they should not be construed as legal advice in the Philippines or in any other country)
Of course, we all know (or if you didn’t, you will learn now), that there is no divorce in the Philippines. The common legal “remedies” to being married include:
- A Philippine court-ordered annulment under Philippine law.
- A foreign divorce, if the divorce was initiated by the foreigner partner in a Filipino-Foreigner marriage.
- The death of a spouse under normal circumstances.
- The “presumptive death” of a spouse, as determined by a court of the Republic of the Philippines.
Today’s comments, (from reader Leonor, thanks, Leonor) (in blue) and my responses deal with that fourth alternative, dissolution of marriage by the presumptive death of a spouse: