In this writing we will address the following issues related to divorce in the Dominican Republic, namely:
1) DIVORCE IN THE DOMINICAN REPUBLIC
2) TYPES OF DIVORCE IN THE DOMINICAN REPUBLIC
A) DIVORCE BY MUTUAL CONSENT
B) DIVORCE DUE TO INCOMPATIBILITY OF CHARACTERS
3) COSTS AND TIME OF EACH DIVORCE IN THE DOMINICAN REPUBLIC
4) NOTE ON STEAMED DIVORCE OR EXPEDITED DIVORCE
1) DIVORCE IN THE DOMINICAN REPUBLIC
DIVORCE in the Dominican Republic is regulated by Law 1306-BIS dated May twenty-one (21), 1937, published in the Official Gazette Number 5034 .
This regulation contemplates in its Article 1 that the marriage in the Dominican Republic comes to an end by the death of one of the spouses or by the divorce duly brought before the Dominican Courts from the beginning to its end.
In this last sense, the Superior Courts of the Dominican Republic have ruled by establishing the constant criterion that in order to dissolve the marriage by divorce and this to be able to generate legal consequences, it is completely necessary to fully exhaust the processes before the courts that it has established. the indicated Law 1306-BIS dated May twenty-one (21), 1937.
Now, it is necessary to indicate that the Dominican courts can only perform a divorce in the part concerning the civil marriage and not in relation to the canonical marriage. Indeed, Paragraphs I and II, of the aforementioned Law 1306-BIS, establishes the following verbatim:
"However, in harmony with the essential properties of Catholic marriage, it is understood that, by the very fact of celebrating a Catholic marriage, the spouses renounce the civil right to request a divorce, which for this reason cannot be applied by the Civil Courts. to canonical marriages.
Paragraph II.- «The provisions contained in the preceding paragraph shall apply to Catholic marriages celebrated as of August 6, 1954, date of the exchange of ratifications of the Concordat intervened between the Dominican Republic and the Holy See on June 16 of 1954, all in accordance with article 28, paragraph 1, of the same instrument”.
2) TYPES OF DIVORCE IN THE DOMINICAN REPUBLIC
The reasons or grounds for which spouses can divorce in accordance with our regulations are the following, namely:
✔ The mutual consent of both spouses.
✔ The incompatibility of characters that must be justified in facts that, due to their importance, generate unhappiness in the spouses and produce disturbance in society.
✔ Legal absence decreed by a court as regulated by the Civil Code of the Dominican Republic.
✔ The adultery of one of the spouses.
✔ That one of the spouses is sentenced to a criminal sentence.
✔ Producing serious abuse or insults against the other spouse.
✔ The voluntary abandonment of one of the spouses for more than two years.
✔ And finally, the habitual drunkenness of one of the spouses, or the constant use of narcotic drugs.
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All these are reasons why a divorce can be carried out in our country, however, each one of them implies the use of a procedure, even a process that is sometimes prior, and of the necessary evidence to demonstrate the grounds that support the divorce. the petition for divorce so that it can be accepted. They are commonly referred to as types of divorce.
Commonly, people prefer to bring the Divorce By Mutual Consent or the Divorce By Incompatibility of Characters before the Dominican courts . For this reason, they are the most widespread, used and welcomed.
A) DIVORCE BY MUTUAL CONSENT
In this type of divorce, it is admitted that the mutual consent of the spouses, expressed in the manner indicated in the aforementioned Law 136-BIS, serves as a valid basis for requesting the divorce and that it be accepted.
For this type of divorce, the spouses must have been married for more than two years and have lived together for less than thirty years. Nor is divorce allowed when the husband is at least sixty years old and the wife is fifty .
In this type of divorce, the spouses must formalize an inventory of all their movable or immovable property as well as agree on who will be given the care of the children born of their union during the proceedings and after the divorce.
They must also agree in which house the wife should reside during the divorce proceedings and the amount of money that the husband should give her during the divorce for alimony.
They must empower a lawyer and also attribute competence to a Judge of First Instance so that he can hear your divorce process, in the manner established by Law 136-BIS .
Either of the spouses must transcribe in the Civil Registry the sentence that has admitted the divorce, the pronouncement of the divorce must be made within a period of not less than eight free days after it is issued and the sentence must be published in a newspaper of national circulation.
B) DIVORCE DUE TO INCOMPATIBILITY OF CHARACTERS
The Divorce Due to Incompatibility of Characters is carried out in a litigious way before the courts. The demand for divorce for specific cause is known before the court of first instance of the judicial district where the defendant resides, if he has a known residence in the Republic; or before the same court, but of the plaintiff's residence, otherwise.
The plaintiff summons the defendant to the hearing behind closed doors, which the court will hold on a date and time indicated. The defendant must be notified of the documents and witnesses that he will use as the basis of his claim.
The defendant may go to the hearing in person or be represented by an attorney to make observations on the grounds of the claim, the plaintiff's documents, or the witnesses heard. Similarly, the defendant can bring their own documents or witnesses to defend themselves.
The divorce decree will be pronounced publicly. This decree of divorce for specific cause must order in charge of which of the two spouses the common children will remain.
Subsequently, it is necessary to carry out some other requirements such as: notification of the divorce decree, waiting for the term of the appeal to pass, requesting the certification of non-appeal before the corresponding Civil Court, requesting the pronouncement of the divorce, convening the other party to the pronouncement of the divorce, carry out the pronouncement of the divorce and obtain the divorce certificate.
3) COSTS AND TIME OF EACH DIVORCE IN THE DOMINICAN REPUBLIC
The cost and time of both the Divorce by Mutual Consent as well as the Divorce by Incompatibility of Characters will depend both on the steps that have to be taken to complete it, on the court before which the divorce is brought, as well as on the lawyer who be hired, since in our country there is no mandatory price regulation for the processes that lawyers must charge.
In the case of Divorce By Mutual Consent, we could say that its first phase is administrative, in such a way that its speed will depend on the timely actions of the authorized attorney. Its duration time is shorter if it is carried correctly and completely. Its cost is also lower compared to other types of divorce.
On the other hand, it should be noted that the Divorce Due to Incompatibility of Characters entails the use of more economic resources and time because it is not only litigious but all the steps must be fulfilled within the terms indicated by law, especially exhausting the formalities of the due due process of law, to respect the right of defense of the defendant husband, which will be confirmed by the judge in the contradictory process that is carried out.
A) COST AND TIME OF DIVORCE BY MUTUAL CONSENT
Cost:
Time: From 2 to 3 months approximately.
B) COSTS AND TIME OF DIVORCE DUE TO INCOMPATIBILITY OF CHARACTERS
Cost: One thousand dollars of the United States of America (US$1000).
Time: From 6 to 7 months approximately.
4) NOTE ON STEAMED DIVORCE OR EXPEDITED DIVORCE
In relation to steam divorce or accelerated divorce, we must say that this is a very useful type of divorce that Law 136-BIS regulates and with which foreigners and Dominicans abroad by mutual agreement, and complying with certain formalities, can obtain a divorce decree in about 7 days.
This is an extremely beneficial and fast procedure that said regulations institute to benefit from obtaining an extremely agile divorce, if we compare it with the time that other types of divorce last.
Now, unfortunately, although it is still in force, many courts in the Dominican Republic are not applying it. When users require it, they establish through their administrative staff that they are not experiencing steamed divorce or accelerated divorce.
Consequently, many users have stopped carrying out steamed or accelerated divorce and have joined the trend of better carrying out divorce by mutual consent, on which many courts in the country issue a divorce decree within 2 months.
FOR MORE INFORMATION OR TO MAKE AN APPOINTMENT, CALL THE NUMBERS 1-849-265-0004 AND 1-809-336-7486.
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