1 – My wife and I are Filipino citizens living overseas can we obtain a divorce in our country of residence?
Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.
2- I am Filipina married to an American citizen. My husband obtained a divorce in the USA, am I now allowed to remarry?
No, divorce is not recognized in the Philippines. But this is a special circumstance which is covered by the Family Code of the Philippines:
ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.
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 spouse shall have capacity to remarry under Philippine law.
Based on this the Filipino Citizen may now apply to have the foreign divorce validated by the courts of the Philippines and may marry again. To do this, the petitioner must show that the divorce was obtained in conformity of the foreign laws of the country of the foreign citizen.