hbrdba Posted March 27, 2013 Report Share Posted March 27, 2013 I've been dating a gal for sometime now and we are talking about marriage. We want a temple marriage She divorced her ex husband in the USA and I just found out shes not divorced from her husband in her own country. Do I stop everything and run from this relationship and in all actuality I maybe dating and kissing a married woman. Give me some advice here should we even be dating each other? Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 Where does she live? Quote Link to comment Share on other sites More sharing options...
pam Posted March 27, 2013 Report Share Posted March 27, 2013 Does she now live in the USA where the divorce occurred? If so, then it's legal and binding. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 (edited) I've been dating a gal for sometime now and we are talking about marriage. We want a temple marriage She divorced her ex husband in the USA and I just found out shes not divorced from her husband in her own country. Do I stop everything and run from this relationship and in all actuality I maybe dating and kissing a married woman. Give me some advice here should we even be dating each other?Depends on what country you're talking about and what the citizenship is of both parties.For example, in the Philippines, divorce is illegal. Therefore, any couple where both are Filipino citizens may be granted a divorce in the USA but it is not valid in the Philippines, therefore, any secondary marriage may cause extradition and legal penalities and the claim of the secondary spouse becomes null and void in the Philippines. It doesn't matter what country they currently live in. The citizenship is what counts. So, any property that becomes the property of the Filipino through the secondary marriage may be sequestered and claimed by the first spouse. The first spouse may also sue for bigamy/adultery and the spouse that remarried will end up in jail. The only way they can legally remarry is if they give up their Filipino citizenship BEFORE they are granted a divorce. If a Filipino citizen gets divorced in America and then later on becomes a naturalized American citizen and remarries, he/she can still be found guilty of bigamy in the Philippines because the divorce is not deemed legal.According to Philippine law, a citizen of a foreign country is not bound by Philippine marriage laws, so, if you have a couple where one spouse is a Filipino citizen and the other spouse is an American citizen, the Filipino citizen cannot apply for divorce but may be granted a legal divorce if the American files for divorce in America. The Filipino citizen, in this case, may legally remarry and the marriage will be legal in the Philippines.Different countries have different marriage laws, so you'll need to do some research to see what the law is.My advice is - do not date somebody who is married. Edited March 27, 2013 by anatess Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 Married in Brazil, lives in Utah. She had a Utah divorce, but the fact remains, she's still married in Brazil. will that help bring anything to light? Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 Not a US citizen yet Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 What is the Church stand on it? Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 What is the Church stand on it?The Church follows the law of the land that governs the marriage. Quote Link to comment Share on other sites More sharing options...
pam Posted March 27, 2013 Report Share Posted March 27, 2013 My understanding is but I'm not an attorney, that her divorce is recognized in the US. She would be free to remarry in the US but would not be the recognized in Brazil. My ex was married in the Philippines to a Filipina before I was married to him. His ex wife in the Philippines can never remarry because divorce is not recognized there. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 Married in Brazil, lives in Utah. She had a Utah divorce, but the fact remains, she's still married in Brazil. will that help bring anything to light?Brazilian marriage laws is different for each locality in Brazil. The laws that govern the marriage is the locality in Brazil where the marriage was legally filed. Depending on the local law, the divorce in Utah may not become legally binding in Brazil unless it is also filed in that same locality. If so, then any succeeding marriage is not legally binding in Brazil. Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 The Church follows the law of the land that governs the marriage....... So in this case, I've been dating a married woman. I'm getting a sick feeling, anything else you can te me? Quote Link to comment Share on other sites More sharing options...
pam Posted March 27, 2013 Report Share Posted March 27, 2013 The Church follows the law of the land that governs the marriage. Could you clarify what you mean by this? Are you saying that in this particular case the church follows the law of Brazil or the US where she is currently living and obtained the divorce? Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 (edited) My understanding is but I'm not an attorney, that her divorce is recognized in the US. She would be free to remarry in the US but would not be the recognized in Brazil.As she is not an American citizen, she is not free to remarry in the US until she gives up her Brazilian citizenship (unless the locality in Brazil that governs the marriage recognizes American divorce). US laws recognize marriage laws in other countries that govern the person's citizenship. This is especially important when applying for visas on the basis of the marriage.My ex was married in the Philippines to a Filipina before I was married to him. His ex wife in the Philippines can never remarry because divorce is not recognized there.This is not true. If your ex became an American citizen THEN applied for divorce, his ex wife may remarry in the Philippines. If your ex got divorced while he was still a Filipino citizen, his ex wife can sue your ex for bigamy and ask the US government for an extradition since the US recognizes marital laws governing foreign nationals and your ex was a foreign national when he got divorced which would have been illegal in both the US and the Philippines. Edited March 27, 2013 by anatess Quote Link to comment Share on other sites More sharing options...
pam Posted March 27, 2013 Report Share Posted March 27, 2013 As she is not an American citizen, she is not free to remarry in the US until she gives up her Brazilian citizenship. US laws recognize marriage laws in other countries that govern the person's citizenship. This is especially important when applying for visas on the basis of the marriage.This is not true. If your ex became an American citizen THEN applied for divorce, his ex wife may remarry in the Philippines. If your ex got divorced while he was still a Filipino citizen, his ex wife can sue your ex for bigamy. He was always an American citizen and never a Filipino. He was in the Navy stationed there. He married her while he was stationed there. Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 the locality is São Paulo Brazil Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 (edited) Could you clarify what you mean by this? Are you saying that in this particular case the church follows the law of Brazil or the US where she is currently living and obtained the divorce?Yes, in this case, since she is a citizen of Brazil and got married in Brazil, the Church recognizes the marriage laws in Brazil, not the US.This is the same thing as a Filipino citizen who goes into the US as a tourist and manages to get a divorce in the US. The Church will not recognize that divorce. Of course, the Church do not, in practice, hire a lawyer to determine your marital status. They go by what you say and the bishop/stake presidency's discernment through interview. Edited March 27, 2013 by anatess Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 Thanks anatess, What should I do from here. My mind is in a cloud, and I can not think rationally Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 He was always an American citizen and never a Filipino. He was in the Navy stationed there. He married her while he was stationed there.Then she is free to remarry. Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 clarity on comment, Then she is free to remarry. Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 Or Pam, not sure who's typing, sorry. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 the locality is São Paulo BrazilThanks anatess,What should I do from here. My mind is in a cloud, and I can not think rationallyI do not know the law in Sao Paolo. My advice is to research the marital laws in Sao Paolo with regards to International Divorce... or ask a Brazilian family lawyer. More importantly, she needs to do this for herself.In my opinion, if she doesn't have enough respect for marriage that she would knowingly engage in illegal activity against her current marriage, she can't be trusted to respect your marriage to her. But, that's just me. I do know how difficult these types of situations can be and I hope you find a resolution that will give you peace. Quote Link to comment Share on other sites More sharing options...
hbrdba Posted March 27, 2013 Author Report Share Posted March 27, 2013 Anatess, If you were in my shoes what should I do from here. My mind is in a cloud, and I can not think rationally Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 clarity on comment, Then she is free to remarry.We were talking about Pam's ex-husband's ex-wife who is Filipino. Quote Link to comment Share on other sites More sharing options...
Guest Posted March 27, 2013 Report Share Posted March 27, 2013 He was always an American citizen and never a Filipino. He was in the Navy stationed there. He married her while he was stationed there.Then she is free to remarry.Ahh... caveat. Most Filipinos are Catholics. It doesn't matter what marriage laws govern what. A Catholic married in the Catholic Church cannot get divorced and remarry in the Catholic Church. Quote Link to comment Share on other sites More sharing options...
pam Posted March 27, 2013 Report Share Posted March 27, 2013 Then she is free to remarry. Hmmmm it's interesting because every time they pulled into port, they would have to fly him off of the ship to another ship because the law stated she was still married to him as they would not recognize the divorce. The Navy was always afraid of legal repercussions if he were in the Philippines where she was. Quote Link to comment Share on other sites More sharing options...
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