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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29288
Experience:  Lawyer
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Does the US it's a legal separation from someone he used to

Customer Question

Does the US it's a legal separation from someone he used to be married in the Philippines it was married in the Philippines is now legally separated
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: I am a US citizen wanting to marry a Filipino citizen she was married in the Philippines is now has a legal separation I live in Oklahoma
JA: Has anything been filed or reported?
Customer: She's in the process of filing separation right now
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 6 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

A legal separation is not the same as a divorce. In fact, the primary difference is that legally separated spouses are not free to remarry. Before you are able to get married legally, your fiance will have to go through the process of getting divorced. She can get divorced in Ohio if she'd lived there for at least 6 months, even if her spouse lives in another country.

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Customer: replied 6 months ago.
Philippine do not have divorces it's illegal there only have the moment and separation she's filing for separation in the Philippines does that make a difference
Expert:  Lucy, Esq. replied 6 months ago.

Then she'll need to get a divorce in the United States. Ohio can't issue a marriage license if she has been married before without proof that the prior marriage ended by divorce or death of the spouse.

Expert:  Lucy, Esq. replied 6 months ago.

The best thing you can do is talk to an immigration lawyer about whether she might be able to obtain some other type of visa in order to come over here, establish residency, and file for divorce. That way, you'll be able to get married once the divorce is finalized.

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