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| Dominican Lawyers |
1.- CHARACTERISTICS OF DIVORCE SENTENCES
The divorce decree will be pronounced publicly.
Any divorce sentence for a specific cause will order which of the spouses will have the common children, and the Judge must abide, first of all, by what the parties have agreed upon; but in the absence of an agreement stipulated before or during the lawsuit, the following rules must be followed: As established by Law 136 Bis: a) All children up to the age of four shall remain under the care and protection of the mother, provided that the divorce has not been pronounced against her for the reasons set forth in paragraphs e, f, and i of the second article of this law;
b) Children over four years of age will be in the care of the spouse who obtained the divorce, unless the Court, either at the request of the other spouse, or of a member of the family or of the Public Ministry, and for the greater advantage of the children, order that all or some of these be entrusted, either to the other spouse, or to a third person. However, what is established in the aforementioned literals a) and b), is currently regulated by Law 136-03, which creates the CODE FOR THE PROTECTION SYSTEM AND THE FUNDAMENTAL RIGHTS OF CHILDREN AND ADOLESCENTS, and is applied in processes in the way that best suits the minor child. For more information on this subject, consult the article published in this same blog entitled:
b) Children over four years of age will be in the care of the spouse who obtained the divorce, unless the Court, either at the request of the other spouse, or of a member of the family or of the Public Ministry, and for the greater advantage of the children, order that all or some of these be entrusted, either to the other spouse, or to a third person. However, what is established in the aforementioned literals a) and b), is currently regulated by Law 136-03, which creates the CODE FOR THE PROTECTION SYSTEM AND THE FUNDAMENTAL RIGHTS OF CHILDREN AND ADOLESCENTS, and is applied in processes in the way that best suits the minor child. For more information on this subject, consult the article published in this same blog entitled:
The Guardian in the Legislation of the Dominican Republic, available at the following link: https://abogadosiglo21.blogspot.com/2014/02/la-guarda-en-la-legislacion-de.html Regardless of the person to whom custody of children is entrusted, parents retain the right to ensure their support and education and are obliged to contribute to it in proportion to their resources.
2.- DIVORCE REQUESTED BECAUSE ONE OF THE SPOUSES IS SENTENCED TO A CRIMINAL PENALTY
When the divorce is requested on the ground that one of the spouses is condemned to a criminal penalty, the only formalities that must be observed consist in presenting to the Court a copy in the form of the sentence that condemns the defendant spouse to a criminal penalty, with a certificate from the Secretary of the Court that issued it, attesting that this sentence is not susceptible to being amended by any of the ordinary legal channels. The Secretary's certificate shall be endorsed by the Fiscal Attorney of his Court, or by the Attorney General of the Republic.
3.- SENTENCE OF DIVORCE FOR SPECIFIC CAUSE
Any divorce sentence for a specific cause will be considered contradictory, if the defendant does not appear, and will be subject to appeal; this appeal will be substantiated and judged by the respective Court of Appeal, as a summary matter.
4.- DEADLINE TO APPEAL THE DIVORCE SENTENCE
The appeal will not be admissible if it has not been attempted within two months of the notification of the sentence.
5.- PRONOUNCEMENT OF THE DIVORCE JUDGMENT
By virtue of any divorce decree given in last instance, or that has acquired the authority of res judicata, and unless an appeal for cassation has been filed, which is suspensive by right, the spouse who has obtained it will be obliged to appear within a period of two months before the Civil Status Officer, to have the divorce pronounced and transcribe the sentence in the Civil Status registry, prior notice to the other party, by act of bailiff, to appear before the civil status official. marital status and hear pronounce the divorce.
The Civil Status Officer will not pronounce the divorce or transcribe the sentence until the formalities established by article 548 of the Code of Civil Procedure have been fulfilled, and when it is shown that the other spouse has been summoned to attend the divorce pronouncement. , as previously stated in this article. The civil status officer who pronounces a divorce without having complied with the foregoing provisions will be subject to dismissal, without prejudice to the civil responsibilities that may arise.
The term of two months indicated in the previous article will not begin to be counted for the sentences dictated in the first instance but after the term of the appeal has expired; and with respect to judgments issued in default on appeal after the expiration of the opposition period.
The plaintiff spouse who has missed the two-month period determined in article seventeen will lose the benefit of the judgment obtained by him, and may not obtain another judgment except for a new cause, to which, however, he may add the old ones. Causes.
6.- DEATH OF ONE OF THE SPOUSES BEFORE PRONOUNCEMENT OF THE DIVORCE JUDGMENT
Any divorce decree shall be considered as not pronounced, or as extinguished, if one of the spouses dies before completing the legal formalities.
