DUI Record Search and Why You Should Run One

Getting a DUI is a big deal for someone. The repercussions of getting a DUI can last years. From getting your license revoked to losing your job, so yes getting a DUI is a serious offense.

But what about the other end of getting into a car with someone that has gotten a DUI in the past and not knowing the risk you could be getting yourself into. Keep reading to find out why you should run a DUI record search and what information you could find.

It will be in your best interest to know who you are letting getting behind the wheel while you’re the passenger.

New Dates or love interest

With advancements in technology there are more apps then ever designed to find love or dating prospects. Before you jump in that car for a night out be sure to run a quick public record search that could uncover past driving records such as a DUI.

Carpooling to work

Carpooling is a great way to share the cost of getting to and from work by sharing a car ride with others.

With that said before you zoom down the highway with Bob or Margarete be sure to run a DUI record search on the individuals that will be driving.

Your Child’s friends Parents.

Believe it or not this can be a much-overlooked search area but one of the most important ones.

Your children’s friend’s parents may take your child to parties, play dates for pizza or anywhere else. Be sure whoever is driving your children around town has a clean record.

What information can you find in a DUI record search

After running a search, you could find all kinds of information from a public record search.

There will be a criminal record section, asset information, related person searches, Dui record data, and much more that users can search and find on their targeted individual.

Keep in mind online services are usually anonymous so your search subject will not know.

In closing

It is worth the small investment in time and money to run a DUI record search on someone that will be driving your or any of your loved ones around town. All you need is the State of the person you’re searching and first and last name.

If your search subject has public data on them, you should be able to see what information is on them within your private report.

Received a Copyright Infringement Notice? Now What?

Are you one of those who just received a TCYK LLC letter? In order for such a letter of claim not to become a TCYK LLC lawsuit eventually, it is a must to know some what-to-do guidelines when receiving notices for copyright infringement. So, read on; this article might help.

Let’s start with some FAQs:

Who sends a letter of claim?

Only 3 sources are authorized to send you a letter of demand for copyright infringement, and these are:

  • An exclusive licensee or someone who has an exclusive copyright license of a certain creative material
  • The owner of the copyright
  • The solicitor/s and anti-piracy entities who have been hired by copyright owners to chase infringers

In some territories and selected cases, the ISP may also have the right to send a copyright infringement notice to warn subscribers of their illegal downloading and/or file-sharing activities.

What to do next?

You need to respond to the letter of claim within the period specified on the letter. In England, it is a general rule to reply to a letter of demand or copyright infringement notice within 14 days after receiving the letter, whether you are guilty of the allegation or you are not directly responsible for the infringement. This is why proper understanding of the letter’s content is a must before even thinking of responding through email or phone call. Take your time knowing the details of the allegation, and consider seeking professional legal assistance if there are things you want to be clarified. Aside from asking legal advice from a solicitor, you may also get in touch with the letter sender directly through the hotline provided on the letter. This way you can easily get more information regarding the allegation against you as well as prevent any more serious consequences like litigation. Responding to a letter of claim immediately also lets you clear your name if ever you did not really commit the infringement.

So what should you do to stop receiving another copyright infringement notice?

  1. Stop downloading copyrighted materials. Yes, it is as simple as that. Most things you see online are owned by someone, and it is better off not to take something that’s not yours, unless you have already acquired permission from the rightful owner. However, there are also copyrighted materials that are made available by the copyright holders themselves through a Creative Commons License, which means you are actually free to make use of certain music and other creative materials online. Although there is this exception, it is still important to note that most free films you see online should not be really free and are still owned by people or entities, therefore you are most likely required to pay for downloading and/or sharing them.
  2. Check your internet connection usage. It is also important to know everyone who has access to your Wi-Fi connection to easily track the person/s responsible for any infringement, especially if you are very much aware that you haven’t really tried downloading or sharing copyrighted materials through your PC and other devices at home. You can check who accessing your wireless router by looking into its logs of connections, which most routers do have. You may also acquire assistance from your ISP in order to make sure that only you and your family or anyone in your household are the only ones accessing your internet connection, therefore not putting you at risk of any illegal downloading and other copyright infringement allegations.

These are just some of the basic precautionary measures you can do to stay away from letting a letter of claim turn into a TCYK LLC lawsuit.

Is the Cost of Bail Higher for Felony Charges?

Discovering that your loved one has been arrested is not an enjoyable experience. No one wants to get this phone call; especially because your first thought is likely about the expense it will cost you. Finding out that your loved one was arrested on serious felony charges is even more disturbing, and can cause your mind to go into a whirlwind of questions and concerns. As history shows, many people want to know if a felony charge will increase the cost of a bail bond. The answer to this question, however, is not cut and dry. Continue reading to learn how the cost of bail is calculated, and whether or not the severity of the crime affects the total price of bail.

Cost of Bail

Bonds are set by judges who consider various factors before deciding on an amount. These factors include, but are not limited to, the defendant’s criminal history, the severity of their crime, and whether or not they are a flight risk. So in short, “yes”; the cost of bail is absolutely affected by the severity of criminal charges. This is for many reasons.

Bail Schedules

Most states have bail schedules with predetermined bond amounts for certain categories of crimes. For instance, shoplifting might come with an automatic bail schedule of $1000, while domestic violence might have a $10,000 bond or more. The more serious the crime, the higher the bond amount set by the judge. If a charge is a violent one, such as assault, battery, domestic disturbances, and child abuse, you can guarantee that the bond will be set high. Furthermore, all preset bond amounts, however, can be increased upon the judge’s discretion depending on the previously discussed factors. But not to worry, our U.S. Constitution protects us from excessive bond amounts. So they will be fair.

Bail Bondsmen

Unless you want to pay the jail or courts the full bond amount in cash or property, you will need to hire a bail bondsman. They charge a nonrefundable fee that is a set percentage of the total bond amount. For felony charges, bond amounts will be higher, which means the cost of a bail bond will be too. The premium a bail bondsman is allowed to charge is controlled and regulated by the State’s Insurance Department. Currently, this rates are set between 10 and 15 percent. This means that the total allowable premium that bail bond companies are allowed to charge can be anywhere between these percentages. They get to choose how much they charge within this range. If a person is facing a felony charge and they have a history for fleeing, a bail bondsman will charge on the higher end, closer to the 15% marker. For first time or minor offenses, most stick with the 10% charge.

Common Benefits Received From Workers’ Compensation

It is common for people who are injured on the job to collect workers’ compensation benefits. The amount of compensation and degree of benefits received by injured workers largely depends on the extent of their injuries or damages. Damages can include but are not limited to pain, suffering, prolonged rehabilitation or illness, diminished quality of life, lost wages, medical expenses, hospital bills, mental trauma, PTSD, and much more.

It is wise to hire a personal injury attorney that specializes in workers’ compensation law to recover the full and fair recompense deserved. Continue reading to learn what type of benefits to expect, or that is possible, to receive after being injured while on the clock.

Workers’ Compensation Benefits

Not all workers’ compensation claims are for physical injuries. Although most involve some sort of bodily harm, mental anguish or trauma can be just as damaging. Sometimes, personal injury cases can involve sexual harassment, discrimination, assault or battery, contracting a work-related illness or disease, experiencing an armed robbery, and more. Either way, the common coverages and benefits received from workers’ compensation claims are as follows:

Paid Hospital Bills, Medical Expenses, Physical Therapy, Medical and Vocational Rehabilitation, Doctor Visits, Counseling, Prescriptions, Etc.

Paid Weekly Earnings for Time Off Work Longer than One Week (2/3 of Average Weekly Pay-400 Week Maximum)

Benefits for Dependents in the Case of a Wrongful Death at Work

Punitive Damages in Cases of Malicious Intent or Blatant Disregard

Compensation for Excessive Pain, Suffering, Loss of Companionship, Mental Anguish, Post Traumatic Stress Disorder, Diminished Quality of Life, Etc.

Travel Expenses (If Applicable)

There are several other types of benefits available to those injured on the job, however, they vary depending on the company’s policies, insurance coverage, the extent of injury, and much more. It is strongly encouraged to discuss your recent work injury with a licensed Indianapolis workers’ compensation lawyer for accurate case assessment and legal guidance. They retain the proper resources, experience, and knowledge to navigate your workers’ compensation claim.

In order to recover the full and fair remuneration deserved to an injured victim and their family, a personal injury lawyer is the path to take. Be sure your personal injury law firm employs attorneys with extensive trial and litigation experience in workers’ compensation cases. This will further ensure you are choosing a lawyer that can successfully navigate your claim and have a better chance of recovering for your damages and losses.

Ensuring That You Own Your Content’s Copyright

You have been a prolific writer for your business for a long time and, of course, just like all other writers, you use sources to back up the facts that you write in your content. Of course, there is no reason for you to assume anything other than the fact that you own the copyright of all of the content that you are writing.

Sometimes the line is obscured

If you own the copyright on specific content (including graphics, videos, etc), that means that you can do anything that you wish with that content. After all, it belongs to you. On the other hand, if someone else owns the copyright on the content, you are severely limited from doing what you want with that content. That means that you can’t recycle the content and use it over and over again, you can allow other people to post the content on their websites (for increased exposure and a wider reach), and you can’t touch the images (making them smaller, larger, wider, narrower). Your hands are tied in that case. However, you may not always understand when it is appropriate (legally and ethically) to alter the content in any way and when you really need to be hands off.

You probably have an accurate sense that you can’t just find a graphic image online, copy it, and embed it in your content. That is just common sense. If you use any portion of someone else’s content (words), you probably realize that you must give the author credit for what he or she has written. However, the copyright goes far beyond that. It is extremely important for you to understand the basics of copyright and how that applies to you and to your business. If you don’t pay attention to what you are allowed and not allowed to do, you may get yourself into trouble (legally and financially speaking). There are some concepts that will benefit you if you at least have a working knowledge of them. Hopefully, they will not actually apply to you at any time but being aware is very important for you.

  • Have a licensing agreement, including an invoice: That is an invoice from the person who owns the copyright. If you plan to use material of which someone else owns the copyright, you will probably need to pay that person (or that entity) some money. There may be rare occasions in which the person or entity will not charge you money but you need to have a written agreement between you so that you don’t get into trouble.
  • Lawsuit as a result of copyright infringement: This is a lawsuit that occurs in a federal court. The person or entity doing the suing is the owner of the copyright. The lawsuit will make demands, such as your eliminating all of the copyrighted material from wherever you have posted it online. You will also (most likely) be expected to pay some amount of money (damages) and there is also the potential that you will be asked to pay the lawyers’ fees.
  • Cease-and-desist communication: This is a communication (usually in the form of a letter) from the person who owns the copyright telling you that you must delete their content from wherever you have posted it.
  • Digital Millennium Copyright Act takedown notice: This is a notice that refers to the act on behalf of the copyright owner. It is sent to your web hosting service. It will insist that your web hosting service disables any access to wherever the copyrighted content appears.

The disturbing thing about this situation is that, depending on the whim of the copyright owner, you may end up paying in any number of ways. It might be minor but it might be major as well. You may be notified of the copyright violation in stages. If you respond immediately after you receive the first notice, you may get lucky and after doing whatever is demanded of you, that will be the end of it, as long as you never do it again. However, if you continue, the consequences will probably get more and more severe. You will need to tread lightly in this situation and do whatever you need to do quickly if you want to escape relatively unscathed.

Educate yourself about your rights

When you first write a piece of content, you need to make sure that you take all measures to ensure that you never run into these types of problems that are described above. If you don’t happen to be the one creating the content, you need to make sure that you get the other person to assign copyright ownership to you. It is critical that you have it in writing. The best thing to do is to have a written contract between you and the other person. Hopefully, in that case, there will be no question about anything. If you want the creator to be able to benefit from the content, it is safest to put that into the contract as well. The sorts of things that you will want to put into the contract are: exactly what is being created, how revisions are handled, deadlines and consequences if those deadlines are not met, the payment schedule, who will own the copyright, and who will be responsible for the consequences if the copyright is violated. If you have a long-term relationship with that person, you will probably find that you will need to revise your contract over time.

Conclusion

Copyright ownership may not have been something that you thought about very often (or at all); however, you need to have it in mind all of the time and be cognizant of doing the right thing. If you don’t, the consequences will probably not be pleasant. You need to protect your reputation and your bank account at all times. Copyright laws are very complicated and you may not even realize that you are violating any of those laws. However, you need to be aware of what you are doing and make sure that you don’t continue to violate any copyright laws. Interestingly, there are a few situations in which you don’t need to get permission from the copyright owner of the content. You should do the research and determine when those rules apply, which will ease the burden a little bit. Undoubtedly, you were not aware that you were doing anything wrong. However, once you are aware, you need to make sure that you do everything by the book.

What Damages Can I Claim After a Drunk Driving Accident

Being injured in a drunk driving accident can be life-altering. You need to hire a professional personal injury attorney. Only he can educate you regarding the legal process and eventually help you win the case with the best possible compensation.

As per the Florida law, you are a victim of a drunk driving accident if the accident causes you loss of any form that demands compensation. Under Florida Statute for victims of DUI crashes, there are certain “allowances” provided for the victims. However, the victim or his lawyer often requires to pursue these allowances he is subjected to!

You must be aware about the multiple ways through which a victim can obtain benefits. A set of Qualification Requirements has been established by the Florida’s Bureau of Victim Compensation for receipt of funds under its Crimes Compensation Act. Here are the requirements:

  • The reporting of the crime to law enforcement needs to be done within 72 hours.
  • It is necessary for the victim to have suffered some form of personal physical injury. There is an automatic reduction in the funds for those who have just suffered psychiatric or psychological injury due to the accident.
  • Application needs to be filed within the time period of one year after the crime date. In case a valid cause is shown, the time period might be expanded up
  • to 2 years.
  • The victim must cooperate with law enforcement, State Attorney’s Office, and the Attorney General’s Office fully.
  • The victim must not have been engaged in any form of unlawful activity at the time of the accident.
  • The victim must not be responsible for the accident in any way.
  • The victim must not have a record of felony conviction.

What are the benefits available to the victim?

You need to meet all the above criteria in order to be proven as the victim. Only then, as per the Bureau you are entitled to the following benefits:

  • Loss of wage
  • Loss of support such as the death of a close relative etc.
  • Disability of any form
  • Expenses related to funeral
  • Expenses pertaining to medical treatments
  • Mental health counseling
  • Compensation for any kind of Property Loss

However, the truth is that you and your lawyer need to pursue your compensation actively in order to avail all the benefits available under the Florida Law. This specific statute helps to save you a good deal of your medical costs.

An injury caused due to drunk driving accident might cause you loss of time at work and subsequently loss of high wages. You might have to struggle to pay the bills. When your general bills are added on by your medical expenses, you might lose your sleep at night. So, it is more than essential for you to claim lost wages in a drunk driving accident. This includes future wages If the injuries you suffered leaves you disabled or incapable of functioning properly to provide output to the company, you need to count your future wages as well for compensation.
You are also entitled to seek damages for pain and suffering caused by such an accident. This involves the physical or mental distress caused due to someone’s death. You need to prove the nature and severity of your injury as well as the prognosis issued by the doctor with the intent to claim such damages.
Out of all the damages claimed, those related to medical expenses is the most common. This is because in most cases, medical expenses can add up at a striking rate into a lump sum. The situation might be the same even when you have medical and auto insurance. You can demand reimbursement for ambulance rides, consultations, medical equipment, physical therapy, in-home medical care and all other expenditures.
What to do just after a drunk driving accident occurs?
  • Dial 911

When you find out you are the victim in the crash, dial 911. Make sure to receive treatment for your injuries instantly, if possible. Police officials soon test the other driver for the accident.

  • Gather contact information

Collect important contact information. It includes the other driver’s name, contact number, address, and details related to insurance. Also, gather relevant info from the witnesses on the scene. Gather their basic contact information as well since it might come handy later.

  • Gather every possible piece of evidence

Click pictures of the crash scene, the vehicles or vehicles that were involved, and any injuries that you suffered. If there are other pieces of evidence like torn clothing, crashed debris etc., make sure you keep those handy as well.

  • Hire a drunk driving accident attorney

Only the qualified drunk driving attorney has an absolute knowledge on law. At first, the case might seem to be simple but things might get tense with the progression of the case. So, be on the safe side and get yourself a proper attorney with specialization in this field.

Who is usually responsible for drunk driving accidents?
If the person who apparently caused the accident is found to have a BAC that is higher than the legal limit, you can go ahead in filing a lawsuit against him. You can also file a claim against a restaurant or bar if it is responsible for providing alcohol to the person accused for the accident.
  • The accused person needs to be Under 21 years of age.
  • The accused need to be someone who is “habitually addicted” to alcohol.

It is pretty difficult to put the blame or a part of blame on the third parties that might actually be liable for the drunk driving accidents.

Importance of Immigration Lawyers

Immigration lawyers generally help their clients in issues relating to visas, citizenship and other immigration benefits. Not all instances require the services of an immigration lawyer; however, immigration law in many countries is quite complicated and hiring an attorney will save you money, time and the hustle of moving around immigration offices.

Why should you hire an immigration lawyer?

  • An experienced and competent immigration attorney understands the law thoroughly and will be up to date with recent changes to the law. Moreover, the attorney will know the right procedures, administrative forms and all requirements to appropriately handle your case.
  • You can rest assured that your interests and rights will be well represented and defended. He/she will ensure that you are adequately protected from any form of abuse and exploitation and bar you from making critical mistakes. You’ll also receive regular updates on the proceedings of your case.
  • Immigration lawyers have to adhere to the set professional standards and will therefore commit themselves fully to offering quality, accurate and professional services. Their accreditation helps them maneuver the complicated immigration bureaucracies.

How to find an excellent immigration lawyer

A good immigration advocate can impact positively on your case and this is how to get your hands on one:

  • Ensure the potential lawyer is trained and licensed to handle cases similar to yours.
  • Do some research on the lawyer you’re about to hire and check the reviews he/she has received from clients. Now that will help you make a wise decision.
  • The lawyer you intend to hire should give ethical advice while also restraining from illegal practices such as bribing.

When should you call an immigration lawyer?

You will definitely need to seek the services of an immigration lawyer if you encounter the following:

  • If you have been deported from the country you were living in and you wish to return.
  • If you have committed a criminal offense or have been convicted of a criminal offense and you want to avoid a removal from the foreign country.
  • If you are planning to move to another country for work and your employer is not in any way assisting with the immigration process.
  • If you are requesting for any form of exceptional benefits that the state would not ordinarily offer to an applicant in your position.
  • If you had immigration application denied or refused.
    The list could go on and on but the bottom line is that you shouldn’t hesitate to call an immigration lawyer when faced with any immigration issue.

What to expect from your immigration lawyer

If you have hired a good lawyer, here is what to expect:

  • He/she should be respectful, ethical and professional.
  • He/she is knowledgeable on the complexities of immigration laws and also experienced to handle your case.
  • Charges reasonable fees after providing the estimates in advance.
  • He/she works diligently throughout and ensures that your case goes to a successful completion.
  • Helps you in making the right decisions, keeps all information confidential and also keeps you posted on the details of your case.

India Tourist Visa Guidelines for Visa Extension

Longer extensions must be approved by the Ministry of Home Affairs (MHA). The process of applying for one can give you a bit of a grace period while they consider it. It’s important to note that if you stay in the country illegally beyond the period of your visa, you may face fines, deportation and/or up to five years in prison.

Visa conversions and extensions are handled by the MHA only between 10 A.M. and noon, Monday to Friday. The address for the main office is Foreigners’ Division, MHA, Lok Nayak Bhawan, Khan Market, New Delhi. If you want to change your visa status from one category to another, you should go in person to the office. In case of serious illness, you can send a representative. If you aren’t in Delhi, go to the nearest Foreigners’ Registration Office (FRO), which will forward your case to the MHA for approval. Applications for extensions or conversions should be made a few months before your current visa expires, if possible.

In general, you can’t change the category of your visa while you are in India; e.g., if you are in India on a Tourist Visa, you can’t just decide to take up a job. In such a case, you have to go back to your own country to apply for a new visa. The MHA does have the authority to give you a different visa if there are extraordinary circumstances, but they rarely do it.

PIO Cards and OCI Status- If your parents, grandparents or great-grandparents were Indian nationals, or if you are the spouse of an Indian citizen or PIO, or if you once held an India passport, you can get a PIO (Person of Indian Origin) Card that is valid for 15 years. This card allows visa-free entry to PIOs living abroad, but you do have to register if you stay more than 180 days.

There is also a status called Overseas Citizenship of India (OCI) that is available to PIOs or others who either are or were eligible for Indian citizenship at a certain time. This is not dual citizenship. Rather, it’s essentially a permanent visa that allows you to come and go as you wish and to stay as long as you like without registering. It gives you most of the privileges enjoyed by Indian citizens, except that you can’t vote, buy agricultural land, or hold certain public offices.

Exit Visa- If your passport is lost or stolen; you have gone to the FRRO so you can get your visa transferred to the new passport. Or you can get an Exit Visa, which will allow you a certain number of days in which to leave the country legally. Without one or the other, you won’t be able to leave India. To get an Exit Visa, you need to present your new passport, a letter from your embassy giving details of the lost or stolen passport, and the original police report, as well as proof of date of entry into India (i.e., your boarding pass, a letter from the airline on which you arrived verifying date and place for your arrival in India, or a photocopy of your visa and entry stamp).

Special Permits- In order to visit certain restricted or protected areas, including the Andaman Islands, Lakshadweep, parts of Ladakh, and some of the Northeastern States, you will need a special permit. Some permits (excluding Inner Line permits for border areas of Ladakh, which take only a day) may take a week or two to get, so you should apply well in advance. You can get permits come Sikkim from embassies and consulates abroad before you come, or the Foreigners’ Registration Offices in India, and in Darjeeling and Siliguri, as well as at certain major airports.

Canada & Australia Immigration – Tips to Get Your PR Visa Faster

It is very obvious that when you want to settle in vibrant countries like Canada or Australia, you are keen to have your visa processed at a faster pace. In case of the temporary visas, you can do nothing but depend upon the employer to complete his job related formalities. But, when it comes to processing of permanent residency visas, the ball is always in your court. Permanent resident visas of these countries are issued considering the points applicant can score under respective immigration system. These points are often affected by time, age, work experience, education, spouse skills etc., and these factors eventually effect the success of the visa application. To ensure that your process is smooth and at a faster pace, here are three most important tips to be followed.

Tip No. 1: Apply at the right time-
It may seem astonishing to read but time is certainly a crucial factor in PR visa application. Under the time factor, application can be affected in the following manners:

  • Age: At the time of your application, if you are young you are more successful. This is because these countries have a high demand for professionals who are young (preferably 18yrs-25 yrs). Hence, to settle in Canada or Australia by getting yourself a higher preference and also great career prospects, apply when you are in your most demanded age range.
  • Peak Months: According to research, the best time to apply for Australia immigration is in the months of February and July. These two months are considered peak time for submitting Australia immigration. It is said that often applications during these peak months are associated with higher success results.
  • Intake Periods: Several provinces or States migration programs of each country have specific intake periods of PNP/State nomination applications. Keeping the nomination applications ready before these intake periods often results in quicker intake, improving chances for a quick visa.

Tip No. 2: Boost your CRS Score-
You may be aware of the fact that Canada & Australia have an immigration system that operates through a points based structure. Candidate’s eligibility as well as success for an international permanent residency status majorly depends on how well he can score under the points based system. If you believe that your score is hindering the success of your application, here are some ways by which you can improve your points.

    • Improve qualification: To improve your score, the best and easiest thing you can do is improve your qualification. If you a graduate, a higher degree will eventually increase your score and preferences for selection. Likewise, any certification or diploma that boosts your nominated occupations will also be a good step towards a score improvement.
    • Enhance work experience: Highest work experience candidates get good points under Canada and Australia’s points based system. If you have a chance to improve your work experience before your application or while your application is in process, go ahead, work hard and update. This may eventually increase your score and chances for a quicker visa.
    • Re-attempt IELTS: To become an international permanent resident, applicants must prove their proficiency level in the English language. For this IELTS is mandatory. As an applicant, if your IELTS score is what is delaying the process or getting you less score, re-attempt your IELTS. The best suggestion for improved results is to go for an expert help in preparation for IELTS.
    • Include Partner Skills: If your spouse or common law partner is accompanying your immigration, it is best to include his/her skills in the application, provided that she/he is eligible. This is because PR visa applicants are allotted with additional points for partner skills and this eventually increases points.

Try State/Province Nomination: If you meet the eligibility requirements of a respective State or Province, applying for a State Nomination increase will increase your points and also boost your chance for quick visa success.

Tip No. 3: Get Expert Assistance-
Despite all your efforts, if you are still unable to fetch those great points to buck-up your process, then you may missing something that only an expert eye can catch. Get in touch with your city’s best immigration experts and get counseled about the aspects that will help you in your application. Since immigration experts are up-to date and have hands on experience in processing thousands of visa cases, they will help you analyze the loopholes of your case (if any) and show you ways towards a quicker success.

Divorce 101 for Filipinos

Here’s a situation: A and B, both Filipinos, went to the United States to get married. After several years, marital troubles started to occur between the couple and after efforts at reconciliation failed, the two started to part ways. They figured that since they were married in abroad, they decided to get a divorce in the US.

Upon return to the Philippines, after obtaining a decree of divorce, A and B mutually divided their properties between them and went their separate ways. Now, here’s where it gets tricky: Apparently, A incurred debts after their ‘divorce’. And now creditors are after not just A’s properties but also that B’s, which left the latter distraught. Is this even possible? Yes.

First things first: Divorce is NOT applicable to Filipinos. Even if the couple successfully obtains a decree of divorce, the same is VOID in the Philippines. In effect, in the eyes of the law, the couple is still legally bound as husband and wife.

Art. 15, otherwise known as the Nationality Principle, of the New Civil Code provides:

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Given this, the creditors may go after the property of B as the same forms part of the community property of with A. After all, they are still a married couple.

However, Divorce obtained outside the country, may, in certain instances, be recognized in the Philippines. How?

Article 26 of the Family Code, reads:

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.

What makes this provision applicable to Filipinos are the presence of the following elements:

  1. That the there is a valid marriage between a Filipino and a foreigner.
  2. That the alien spouse obtains the divorce abroad and such decree capacitates him/her to remarry.

What if the Filipino later on became a naturalized foreign citizen, is this now applicable to him? It depends. In Republic vs. Orbecido III, the Supreme Court ruled that: “The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.”