Dominican Republic Divorce Laws

In the Dominican Republic, a special divorce law was passed in 1971 for nonresident foreigners. As per this law, the singular ground for divorce for this group of people is “mutual consent.” It is implied that if a married couple does not stay in this country, but wish to procure a valid divorce as per the laws of this country, then both of them must agree with each other regarding the decision to divorce.

Requirements as per Dominican Republic Divorce Laws

  • There is no necessity for the person seeking divorce to stay in the Dominican Republic for a specified amount of time.
  • One of the divorcing partners must make an appearance in the court of this country. It is permissible for such a divorcing partner to arrive one day before the appearance and leave one day after the appearance. Such a partner should fulfill all other legal requirements.
  • A separation agreement must be developed by the divorcing partners and this must include the following topics.
    • Support payments.
    • Alimony.
    • Division of the common property.
    • Custody of the child(ren), if any.
  • The above mentioned separation agreement must be drafted by a lawyer. Such a lawyer must have his or her practice in the jurisdiction of the address where the marriage took place.
  • The divorcing partner, who does not make an appearance in the court of this country, should execute a power of attorney in front of a Dominican Consul or a Notary Public. The role of this power of attorney is to offer proof in the court of this country that the absent divorcing partner accepts the jurisdiction of that court.
  • Along with the separation agreement and the power of attorney, the divorcing partner, who makes an appearance in the court of this country, must produce the following documents.
    • A certified copy of the marriage certificate.
    • Birth certificates of all the minor children born due to the marriage.

Illegal divorces as per Dominican Republic Divorce Laws

The Embassy of this country is aware of the fact that in this country divorces are offered over the Internet. These divorces are granted without the need of any mutual consent. Moreover, there is no need of any appearance in the court. These divorces are considered illegal by the Embassy. They are neither recognized by the Dominican courts nor by the US courts.

Certain other aspects

  • The Special Divorce Law in the Dominican Republic enables foreigners to have a divorce in just one day.
  • This law is meant for 3 types of persons as follows.
    • Foreigners
    • Residents of Dominican Republic who are married to foreigners
    • Dominicans who are presently not a resident of this country

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