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Divorce in Dominican Republic - A Basic Guide

Divorce in Dominican Republic - A Basic Guide

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A publication of the basics about obtaining a divorce in Dominican Republicepublic
A publication of the basics about obtaining a divorce in Dominican Republicepublic

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Published by: Moreno Gautreau Attorneys on Oct 09, 2012
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10/09/2012

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Divorce

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A Basic Guide
According to the motives for the termination of the marriage, the nationalities of the spouses and the residence place, Dominican law recognizes three types of divorce: Quick or Expedite Divorce (uncontested process available to foreigners and Dominican residing abroad only), Divorce by Mutual Consent (uncontested divorce for local and foreigners) and the Divorce by Specific Reason Read more>>

in Dominican

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© 2012 Moreno Gautreau Attorneys. All rights reserved

Divorce in Dominican Republic: A Basic Guide

spouses and the residence place, Dominican law recognizes three types of divorce: Quick or Expedite Divorce (uncontested

The essential required documents are: a. Complete copy of the cedula (Dominicans) or passport (foreigners); b. Original or certified copy of the marriage certificate legalized with the Apostille or by sued abroad; c. Original or certified copy of the birth certificate of minor children legalized with the Apostille or by the nearest Dominican consuThis document can not be reproduced or modified without a granted permit. © 2012 Moreno Gautreau Attorneys. All rights reserved.

Divorce in the Dominican Republic is governed by Law no. 1306-BiS dated May 21, 1937 - amended by Law no. 3932 of September 20, 1954 - ; the special Law 142 dated June 4, 1971; and by the Civil Code of the Dominican Republic. According to the motives for the termination of the marriage, the nationalities of the

process available to foreigners and Dominican residing abroad only), Divorce by Mutual Consent (uncontested divorce for local and foreigners) and the Divorce by Specific Reason (contested divorce for locals and foreigners married in the country). Let’s take a closer look at the features and procedures to be followed in each case.

the nearest Dominican consulate if it was is-

Quick or Expedite Divorce
This is a non-appealable process available only for foreigners or Dominicans residing abroad, in which both spouses agree to the terms of the dissolution of their marriage. The advantages of this type of divorce are: a. No age restriction for the spouses; b. It has no time restriction on the marriage and; c. The processing time is shorter. The completion time for the quick or expedite divorce is usually 3-30 days after the documents submission, and at least one spouse must be present at the divorce hearing.

late, if they were issued abroad; d. Separation agreement signed before a Notary Public legalized with the Apostille or by the nearest Dominican consulate.

Divorce by Mutual Consent
The divorce by mutual consent is permitted only for marriages with at least two years and no more than thirty years of common life, and only when the husband has less than sixty years and the wife less than fifty. This divorce is available for Dominican citizens and foreigners residing or married in the country. It is also a non-appealable process and it usually does not require the presence of the

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Divorce in Dominican Republic: A Basic Guide

of the spouses at the hearing. The necessary documents are similar to those requested for the quick or expedite divorce. Generally the time for completion of this process is 3-5 months.

Divorce by Mutual Consent
On the divorce for specific reason, the spouses must have married in the country or at least one spouse must be a Dominican citizen. The most common cause is the incompatibility of the spouses. In first instance, the estimated time is 6-9 months; however, the duration of this process depends on the complexity of the case and the number of hearings necessary to determine the distribution of assets, custody of minor children and alimony payment. The essential documents to initiate the divorce for specific reason are: a. Complete copy of the cedula (Dominicans) or passport (foreigners);

b. Original or certified copy of the marriage certificate; c. Original or certified copy of the birth certificate of minor children. Upon issuing the divorce decree, it may be appealed within two months from the notification thereof.

Do you require additional assistance on this matter? Contact Moreno Gautreau Attorneys today. We are in the best disposition to place our experience at the service of your business project.

This document cannot be reproduced or modified without a granted permit. © 2012 Moreno Gautreau Attorneys. All rights reserved.

NOTE: it is important that foreigners consult with a local attorney if the Dominican divorce is recognized in the country where it will be enforced and whether there are additional requirements to validate it.

Send us a message: contact@mgdrlawfirm.com For more publications visit: www.mgdrlawfirm.com

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