Changing Marital Status from Married to Divorced in the Philippines

How can I update my marital status from married to divorced in the Philippines?

In the Philippines, changing one’s marital status from married to divorced involves several legal steps, especially if the marriage was conducted abroad and registered with the embassy. Here’s a comprehensive guide to navigating this process:

Step 1: Recognize Foreign Divorce

The Philippines does not recognize divorce for Filipino citizens, except when the divorce is obtained by a foreign spouse. If a Filipino citizen marries a foreign national and the foreign spouse subsequently obtains a divorce abroad, the Filipino spouse can seek recognition of this foreign divorce in the Philippines.

Step 2: File a Petition for Recognition of Foreign Divorce

To update your marital status, you must file a petition for recognition of the foreign divorce before the Regional Trial Court (RTC) in the Philippines. This involves the following steps:

1. Prepare Required Documents:

   • Certified true copy of the foreign divorce decree.
   • Official translation of the divorce decree (if not in English or Filipino).
   • Certified true copy of the marriage certificate.
   • Proof of foreign spouse's nationality.

2. Filing the Petition:

   • Engage a lawyer to draft and file the petition in the RTC.
   • The petition must demonstrate that the foreign divorce decree is valid under the laws of the country where it was obtained.

3. Court Proceedings:

   • Attend court hearings as required.
   • Present evidence and witnesses if necessary.

4. Court Decision:

   • Once the court recognizes the foreign divorce, it will issue a decision acknowledging the dissolution of the marriage.

Step 3: Annotate the Civil Registry

After obtaining a court decision recognizing the foreign divorce, you must update your records with the Philippine Statistics Authority (PSA):

1. Secure a Certified Copy of the Court Decision:

   • Obtain a certified copy of the RTC decision and the certificate of finality.

2. File for Annotation:

   • Submit the certified copy of the court decision and certificate of finality to the Local Civil Registrar where the marriage was registered.
   • Request the annotation of the marriage certificate to reflect the recognition of the foreign divorce.

3. Update PSA Records:

   • Ensure that the Local Civil Registrar forwards the annotated documents to the PSA for updating the national records.

Step 4: Obtain an Updated PSA Certificate

Once the PSA updates its records, you can request an official copy of your annotated marriage certificate, which will indicate the recognition of the divorce and change your marital status to “divorced.”

Important Considerations

• Legal Assistance: It is crucial to engage a competent lawyer to navigate the complexities of the recognition process.
• Document Authenticity: Ensure all foreign documents are authenticated as per Philippine requirements, usually through consularization or an apostille.
• Court Jurisdiction: File the petition in the appropriate RTC, generally where the petitioner resides or where the marriage was registered.

This process allows a Filipino citizen who has obtained a valid foreign divorce to have their marital status legally recognized as divorced in the Philippines, thereby updating all pertinent civil records.