Divorce for Filipinos: How do I get divorced if I am a Filipino citizen and it is illegal in the Philippines?

While divorce in the Philippines is illegal for Philippine citizens, Filipinos can get divorced in Illinois and have their divorce recognized in the Philippines.  Illinois has great laws for divorce and custody that is both LGBTQ+ and immigrant friendly.  The laws are applicable to all genders and nationalities in that the laws have eliminated biases against fathers (e.g. fathers can seek equal parenting time and child support), the lower wage earner (e.g. whether the man or the woman earns less, either party can seek spousal support), and residency (e.g. anyone can access the court system regardless of immigrant status).  Below are the requirements for getting a divorce if you are a Filipino citizen:

1.       Residency requirement: 90 days.  In order to get divorced in Illinois, one of the parties in the divorce has to be a resident of the state of Illinois for at least 90 days.  To fulfill this requirement, an affidavit has to be signed that one of the parties is a resident of the state of Illinois for at least 90 days.  That is all.  Other states require a driver’s license or other documentation to demonstrate residency, which could be difficult to acquire if you are out of status.  If you cannot meet the residency requirement, any person married in Illinois can divorce in Illinois because of continuing jurisdiction.  90 days is one of the shortest residency requirements in the country.  Other states can require one year residency with additional proof.

2.       Notice to your spouse.  After meeting the residency requirement and you are ready to file, we have to send notice to your spouse.  There are three ways to notify your spouse: 1) affidavit, 2) sheriff or appointed person, and 3) publication.  The fastest way to move your case is have your spouse sign off that they know they are getting divorced.  This is most common in our uncontested cases where both parties want to be divorced.  It is easier said than done.  The second option is to hire the sheriff to deliver divorce papers to your spouse.  If your spouse is in the Philippines, we appoint a friend or neighbor over the age of 18 to deliver the divorce papers to your spouse and sign an affidavit with the date, time, and location they were served.  Last, if you do not know where your spouse is, we can publish your divorce in the newspaper.  If you pursue this option, you have to tell your lawyer you do not know where he is.  You cannot exercise this option if you know where he or she is but you just do not want to tell them.

3.       Hire an experienced lawyer.  Our law firm is one of the only Pinay-owned law firms in the United States.  We regularly handle divorces for Filipinos.  We understand the requirements to satisfy the courts and the requirements for immigration which would allow clients to potentially bring their children and other relatives to this country from abroad.  While not impossible to do yourself, it is full of stress.  You also can try to hire a cheap lawyer who has never done this before and patiently wait for them to figure it out.  If you want this done well and fast, you have to consider this an investment in your future and happiness.

Even though I am a divorce lawyer, I truly believe in the sanctity of marriage and do view divorce as a last resort.  I also believe that the sanctity of marriage is disrespected by a spouse who cheats on their significant other, physically or mentally abuses their partner, or otherwise mistreats their partner.  So many of my clients call their own mistreatment “personality traits” of their spouse and make excuses that only encourage their spouse’s poor behavior.  No one has a right to treat another human being like garbage.  When you tolerate this behavior, you send a message to your abusive spouse that it is ok for them to treat you like garbage.  We have resources available to work with clients going through this difficult time in their lives.

If you would like to discuss this sensitive topic, please call (312) 546-5077 or email [email protected].

Thank you for reading.  Until we meet again, love one another.

Janice