What if she won't sign divorce papers?

Posted by: PLOV

What if she won't sign divorce papers? - 04/13/16 02:26 PM

I'm married to a Filipina. I haven't seen her in years, although we do talk regularly as we have a child. We are both done with the marriage. Up until this point it hasn't been a big deal to be married legally. I am now starting to move forward with my life and a divorce is a must. I know that in the Philippines you can not divorce, and an annulment costs a ridiculous amount of money. Due to this I'm pretty sure she's going to give me a hard time about signing divorce papers. She has mentioned that she wants me to pay for the annulment if I decide to get one.

I know there are ways around this in typical circumstances, such as default. Does this also apply to spouses living out of
Posted by: TJMH

Re: What if she won't sign divorce papers? - 04/13/16 05:17 PM

I believe if you file in New Hampshire, the state will have jurisdiction over your case regardless of where the other spouse is living. I think this is true even if the marriage was performed in the Philippines but I'm not sure. You can probably either file a "fault" divorce for abandonment or go for a "no-fault" divorce (basically claiming "irreconcilable differences"). No-fault is usually simpler since you don't have to prove any grounds.

Unless YOUR religious beliefs require it, I'd ignore her request for an annulment. If she wants one she can take it up with her priest, but you shouldn't be responsible for paying for it.

You should probably consult with a local family law attorney about how to do a divorce if you think your ex will be uncooperative or nonresponsive. I don't think there's any way she can force you to stay legally married if you want out, and the lawyer should be able to tell you the best way to proceed.