Many U.S. citizens live, work, or marry abroad—especially in countries like the Philippines. But when things go south, the legal process of getting a foreign divorce and having it recognized in the U.S. (or in a foreign country) can get complicated. So what happens if you married in the Philippines and now want a divorce? Can a U.S. court accept a foreign divorce decree?

Let’s break it down.

Before we do, we have written many informative family law-related blog articles that may be useful to read. Check out our blogs here.

1. Can a U.S. Citizen File for Divorce Outside the U.S.?

Yes, a U.S. citizen can file for divorce in another country, and the United States may recognize that divorce—but only under specific conditions.

For a foreign divorce to be valid in the U.S., it must generally meet the following:

At least one party must have lived in the country where the divorce was filed.
The divorce process must follow that country’s legal procedures.
Both spouses must be notified and given the opportunity to participate in the proceedings.

2. Is a Foreign Divorce Automatically Recognized in the U.S.?

No. There’s no central U.S. agency that automatically approves foreign divorces. Instead:

Each state has its own rules about recognizing foreign divorces.
In most cases, a valid foreign divorce is accepted for purposes like remarriage, taxes, or legal status.
To use the divorce in official matters (e.g., immigration, Social Security), you’ll often need a certified, translated copy of the decree.

3. Special Case: U.S. Citizens Married in the Philippines

The Philippines does not recognize divorce—except for foreigners.

If you’re a U.S. citizen who married a Filipino in the Philippines, here’s how it plays out:

✅ If the U.S. Citizen Files for Divorce Abroad (e.g., in the U.S.):

The divorce may be valid in the U.S., but not automatically recognized in the Philippines.
Under Philippine law, the Filipino spouse remains legally married unless they file for judicial recognition of the foreign divorce in the Philippine courts.

🔹 Example:

John, a U.S. citizen, married Maria, a Filipino, in Manila. After 5 years, John filed for divorce in Washington State. The divorce is granted and valid in the U.S., so John can remarry in America. However, Maria is still legally married in the Philippines until a Philippine court recognizes the foreign divorce.

4. How to Have a Foreign Divorce Recognized in the Philippines

If a Filipino spouse wants the foreign divorce to be valid under Philippine law, they must:

File a Petition for Judicial Recognition of the foreign divorce decree in a Philippine Regional Trial Court.
Present the foreign divorce decree, authenticated by:

The foreign court
The Philippine embassy or consulate
And if needed, translated into English

Wait for the court to issue a decision recognizing the divorce.

Only then can the divorce be reflected in their Philippine civil records (via PSA updates).

5. What If Both Spouses Are U.S. Citizens?

If both parties are U.S. citizens, and they got married in the Philippines, a foreign divorce (e.g., one obtained in the U.S.) is generally valid and recognized in both the U.S. and for official U.S. matters—even if the Philippines does not honor it under its local laws.

But keep in mind: If you intend to remarry in the Philippines, the divorce must still be judicially recognized there.

Conclusion

Getting divorced as a U.S. citizen abroad—especially if married in a country like the Philippines, where divorce laws are stricter—requires careful planning. While a foreign divorce may be valid in the U.S., recognition in the Philippines (or any other country) can involve a more complicated legal process.

To avoid future legal issues, it’s best to:

Consult a U.S. immigration or family lawyer
Work with a Philippine attorney if local recognition is needed
Keep certified and translated copies of all court documents

Soriano Law LLC can help you navigate foreign divorce decrees.

Please reach us at the following channels:

Telephone: (360) 249-6174
Mobile: (360) 742-2817
Email: ron@sorianolawllc.com
Facebook and Twitter: @SorianoLawLLC