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 We
Make the Divorce Process Easy!
Dominican
Republic Divorce Law
Dominican Law 142, passed May 18, 1971, requires both parties to
sign the divorce papers and requires one spouse to be present
at the hearing in the Dominican Republic. Those company's
selling these divorces without personal appearance and/or without
both parties signing the divorce papers, are, according to the Dominican
Republic Embassy, selling divorces that are invalid in the Dominican
Republic or the United States.
You may verify the validity of Dominican divorces by the following:
1.
From Martindale-Hubbell
DIVORCE (Law 1306-B of 1937, as am'd)
Foreigners
Law 142 of May 18, 1971, amends previous laws on subject and allows
foreigners, even if not residents of country, to obtain divorce
by mutual consent provided one spouse is physically present before
court and the other one is represented by a special attorney. In
this case, court, after a short period of time, and previous approval
of public ministry, must grant divorce. Judgment is recorded in
civil registry and a summary of same is published in a local newspaper.
2. The
United States State Department, Bureau of Consular Affairs,
has published information regarding the validity of foreign divorces.
Go to Validity of Foreign
Divorces Citations of particular interest include:
Practical
recognition divorces, wherein practical recognition may be
afforded such decrees because of estoppel, laches, unclean hands,
or similar equitable doctrines under which the party attacking the
decree may be effectively barred from securing a judgment of invalidity.
13 A.L.R. 3d 1419, 1452. Many jurisdictions will prohibit the spouse
who consented to the divorce from attacking it later under a principle
of fairness called estoppel. Thus a party may be precluded
from attacking a foreign divorce decree if such an attack would
be inequitable under the circumstances. Scherer v. Scherer,
405 N.E. 2d 40, 44 (Ind.App. 1980), Rosenstiel v. Rosenstiel,
16 NY 2d 64 (1965), Yoder v. Yoder, 330 A.2d 825 Ct. (1974).
3. Information
from the Dominican
Republic Embassy regarding
legal Dominican Republic divorces and country requirements.
4. The
United States Immigration & Naturalization Service (INS)
and the U.S. Internal Revenue Service state that they accept
Dominican divorces as valid if the Dominican requirements are met.
You may call the INS at 1-800-375-5283 for further verification.
The INS has
stated that if the foreign divorce for a U.S. citizen is valid in
the country granting the divorce (Dominican Republic), the INS will
recognize the divorce as valid. The INS case giving rise to the
recognition of foreign country divorces is Matter of Jimenez,
Board of Immigration Appeals, 18 I.&N. Dec. 182 (1981); Interim
Decision #2893. The court stated, In response to the Services
contention that our decision in the Jimenez case was somewhat ambiguous
on the subject of appearance by foreigners, at this time we would
like to state that Article 28, Paragraph V, which governs the conduct
of foreigners, requires that only one spouse need make a personal
appearance to obtain a valid divorce in the Dominican Republic.
[Emphasis added].
5. Extensive
legal research conducted by our attorneys has produced
a six (6) page legal review that is included in your divorce papers.
Excerpts from that legal review follow:
In a Dominican divorce both parties must sign the
marital settlement agreement, agreeing to a division of assets,
debts, child custody, child support, tax considerations, and most
importantly, both parties agree to waive the right to appeal, seek
a new trial and are prohibited from contesting or challenging the
divorce.
Substantially all jurisdictions (states) will prohibit
the spouse who consented to the divorce from attacking it later
under a principle of fairness called estoppel; with
both of the parties consenting to the divorce, there is no one left
to attack it. It is therefore absolutely essential that evidence
of the consent of both parties be maintained indefinitely, as important
rights may turn on a reviewing court's evaluation of that
consent. 40 California Law Review 94.
U.S. Supreme
Court decisions indicate that personal jurisdiction may now serve
as a substitute for domicile in some instances, those instances
being cases involving consent by both parties or where the defendant
has appeared in the proceedings. 40 California Law Review at 94,
citing Sherrer v. Sherrer, 334 U.S. 343 (1948) [where defendant
has participated, he cannot subsequently attack the
decree on jurisdictional grounds; but we may well doubt that the
judgment which we herein announce will amount to substantial interference
with state policy with respect to divorce. Many states which have
had occasion to consider the matter have already recognized the
impropriety of permitting a collateral attack on an out-of-state
divorce decree where the defendant appeared and participated in
the divorce proceedings] [Emphasis added]; Johnson v. Meulberger,
340 U.S. 581 (1951) [nor can strangers subsequently attack the decree
where there has been participation if it would not
be permitted in the granting state]; Cook v. Cook, 342
U.S. 126 (1951) [a state cannot refuse to recognize a decree merely
on finding of lack of domicile; it must also determine that defendant
had not been personally served or had not appeared].
An additional study we provide indicates that all
states will allow you or your spouse to remarry following your Dominican
divorce. This study is contained in the binder we provide during
your divorce process.
You should
be aware that those companies selling these divorces without personal
appearance and/or without both parties signing the divorce papers,
are, according to the Dominican Republic Embassy, selling divorces
that are invalid in the Dominican Republic and the United States.
Trust
the World Leader in Easy Divorce!
Nevada Divorce
& Document Services, Inc. is a the worldwide divorce leader.
We are the ONLY company known to have conducted research
as to its validity and obtained legal opinions from attorneys in
the following states/countries as to said easy divorce validity:
California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana,
Kansas, Maryland, Minnesota, Mississippi, Montana, New Jersey, New
York, Tennessee, Texas, Virginia and Wyoming.
To begin the process, complete the Dominican
Divorce Questionnaire.
 Click
here to print Dominican Republic divorce validity
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