QUICK DIVORCE IN THE DOMINICAN REPUBLIC

DIVORCIO AL VAPOR EN LA REPÚBLICA DOMINICANA / QUICK DIVORCE IN THE DOMINICAN REPUBLIC

QUICK DIVORCE IN THE DOMINICAN REPUBLIC

 

Instituted in the Dominican Republic since 1971, through Law No.142, later amended by Law No.544-14 of 2015, this divorce is a special procedure, aimed to Dominican citizens residing abroad, and for foreigners as well.

It is characterized as an agile and effective way to perform matrimonial annulment, because it does not require fulfillment of the substantive conditions contemplated by law 1306-bis, for  mutual consent divorces, relative to timing of marriage, the age, and the ordinary duration of the procedure, which is more extensive.

This divorce option has consecutive terms for the ruling, which may not exceed nine (09) days between the setting of the hearing and the pronouncement of the judgment. Being these maximum terms, so they can be lesser depending on the agility with which the file is worked. It has the advantage that only the presence of one of the spouses is required, which must be submitted for the drafting conventions and stipulations before a public notary, and subsequently to attend the hearing. The other must be represented by an attorney in fact.

Foreigners are candidates for this procedure, when both spouses have habitual residence in the Dominican Republic at the time of the claim, or have had their last common habitual residence in that country and the plaintiff continues to reside in the Dominican Republic at the time of the petition. For Dominicans, it is enough for both spouses to be Dominican nationals residing abroad, being able, unlike foreigners, to request the procedure without having to come to the country, by drafting the conventions and stipulations before the Dominican consulate of said country, granting, expressly, competence to a first instance judge of the same jurisdiction indicated by them in the power of attorney, to know and decide on the divorce.

Documents required:

  • Legalized marriage certificate.
  • Children´s birth certificates, if any;
  • Power of attorney granted to the acting lawyer.
  • Conventions and stipulations act.
  • Registration by the General Consul of the Dominican Republic, in the country of the domicile of the spouses who intend to divorce, of all the documents pertaining to the case, with the signature of said consular officer, legalized by the Dominican Ministry of Foreign Affairs.
  • Translation into Spanish of all documents that are in another language; by an official translator, with their corresponding legalizations.

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