15yrs. Of Marriage

Posted Tue, Dec 19, 2023 6:02 AM

Hello, 
Assuming that you and your Korean husband celebrated your marriage in the Philippines and you are here in the Philippines now, the first thing that you need to do is to go to the Korean embassy here in the Philippines and verify from them the status of your marriage with your Korean husband because probably he already filed for divorce in Korea. In case you have verified that a divorce decree is granted in Korea, it is only a matter of filing in the Regional Trial Court where you reside, a petition for Judicial Recognition of Foreign Divorce. Unless you filed the said petition, you are still considered married even if your husband already filed for divorce in Korea. 

Assuming that your husband never filed for divorce, you can file here in the Philippines a Petition for Declaration of Nullity of Marriage, or a Petition for Annulment of Marriage, depending on the circumstances. 

In all cases of Petition for Judicial Recognition of Foreign Divorce, Declaration of Nullity of Marriage, or a Petition for Annulment of Marriage, our firm will gladly assist you and file the necessary petition in Court. 

For further consultation, please call visit our profile and send us a message

Posted Wed, Dec 27, 2023 1:53 AM

A case for annulment or a declaration of nullity of marriage could be filed at the Regional Trial Court of the place of your residence in the Philippines.  The ground usually used as basis for this type of case is Psychological Incapacity under Article 36 of the Philippine Family Code. It means the failure to understand and comply with the essential marital obligations of living together and observing mutual love, respect and fidelity owing to a psychological cause. The manifestations of psychological incapacity may range from sexual abuse or infidelity, physical or psychological abuse, sexual perversion, homosexuality, abandonment, refusal to give support, refusal to cohabit, drug addiction, alcoholism, excessive jealousy, and indolence.