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Divorce Rules with Expats
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Can a citizen of the Philippines still living in the Philippines divorce an American husband that moved back to the U.S. and is living with another woman?
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No. Under Art. 26 par. 2 of the Family Code as amended by EO 227: “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouses shall have capacity to remarry under Philippine law.” In a marriage between a foreigner and Filipino, only divorce proceedings initiated by the foreigner are valid. The most you can do is to file a petition for legal separation as this falls under one of the conditions under Title 2, Art. 55, par. (7): “Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad” However, this course might also not be available to you since it is not clear if the husband is married to the other woman.
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Not in the Philippines which legally doesn’t recognize divorce due to influence of the Catholic church. . Maybe in the US if that helps there but it will not necessarily be recognized in the Philippines anyway. The trick is to try to get an annulment but that has a much higher standard of proof; that a marriage never really properly existed rather than turned bad. Philippine Laws on Divorce, Separation, & Annulment