This actually happened to us.
My husband petitioned for primary custody....the mom didn't "answer" the court.
When we had our hearing, about 45 days after she was served the Judge allowed her to submit an answer THAT morning...he warned her that it was highly inapropriate but because she showed up he wanted to hear what she had to say. We wound up getting a temporary order with her still having custody and my husband having secondary custody....just because she showed up!
Now about 4 years later after we had custody my husband filed a petition for supervised visitation for the mom, she did not answer the court and she did not show up so the Judge basically said tell me what you want exactly and why, we said all other visitation stricken and she can have supervised visits every other Saturday for 4 hours supervised by the step mom or the father, if she is more than 30 minutes late the visitation is void, we want this because the mom doesn't have a stable home or place for the child to visit her in, she changes phone numbers on a monthly basis so it is hard to locate her, twice we have shown up to pick up the child to find a vacant apartment and she had 2 other children removed by the state for failure to send them to school so we feel her judgement is not acceptable for private visits...and the Judge said okay and signed the order.
You can not win custody by default, you have to show up and explain why you want custody, then if he doesn't show up you will most likely get anything reasonable you asked for, so if he doesn't show up ask for sole custody, with supervised visitations that must be planned in advance, no more than 30 minutes late. Talk to your lawyer about putting a default clause in there too....my step son's mom has only shown up for 6 out of 38 visits and it would have been great to say if you miss 3 in a three month period your visitations are suspended....hind sight is 20/20.
P.S. When I filed to adopt my step son she didn't answer the court either and my lawyer said basically that that was her chance to object...she didn't, so she is still allowed to show up in court to explain herself but it is doubtful the Judge will listen since she didn't respond.
He can divorce and file in his state of legal residence where they married. If she refuses the judge will grant the divorce anyways. He does not need her permission.
There is no divorce in the Philippines. Only annulments which are expensive $2,000 to $3,000 and can take up to 2 years.
The only one who would benefit from the annulment is the girl.
If they married in the states they can divorce there. There is no reason for an annulment.
If they married in the Philippines the foreigner can divorce and it is fully recognised by the govt here. She is the one who needs the annulment if they married here and the little scammer does not deserve it.
Tell him do not sign anything (good call btw).
Put her butt on a plane and send her home.