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Q) Is it true, that I don't need to be a resident or have a domicile in Dominican Republic,to file for a Fast Divorce?
Q) Is it true, that I don't need a separation period in order to file for Divorce in Dominican Republic?
Q) Is it mandatory that one of the spouses travels to Dominican Republic to file for the Dominican Fast divorce?
Q) How much time will take to obtain a fast divorce in Dominican Republic?
A) The divorce will be filed in less than 24 hours. Fly the evening prior the hearing to Santo Domingo (SDQ) Dominican Republic and be back home the same day of day of your court hearing.
A) YES, it's true. You don't need to be resident or have a domicile, to file for a Divorce in Dominican Republic by mutual consent, pursuant Divorce Law 142 of 1971, domicile requirement is waived. This law was specially created for foreign citizens and Dominicans living outside the Dominican Republic.
A) YES, it's true. You don't need a separation period to file for Divorce by mutual consent in Dominican Republic.
A) YES. Pursuant Dominican Divorce Law 142, at least one of the spouses must travel to Dominican Republic to appear before the Judge the day of the hearing in the Dominican court.
You CANNOT divorce BY PROXY, or without at least one party appearing before the Judge.
A)If one of the party does not travel to Dominican Republic to appear before the Judge the day of the hearing, the divorce might be void.
Unfortunately, there is plenty of misleading websites in the Internet stating that parties don't need to travel to Dominican Republic to obtain their divorce. But, that is misleading and incorrect.
Unless you are a Dominican national or residing in Dominican Republic, you or your spouse shall appear in person before the Dominican court.
The law is very clear. Dominican divorces done by Proxy or by mail are fraudulent.
Here are some examples of misleading sites (as far as getting a fast divorce in Dominican Republic without traveling and/or without the consent of one of the spouse):
Carlton Press from NY at http://www.offshore-manual.com/cp40.html;
American Paralegal of Banning CA at http://web.idirect.com/~divorce/divorce.html
Global-money.com at http://www.global-money.com/products/divorce.html
Divorce Fast at http://www.divorcefast.com.
Q) I heard that some Dominican Divorces had to be refiled in US because they were not recognized.
A) If a Dominican Divorce was considered void or not recognized by a court in US, by the USCIS or IRS, it was more likely because there was lack of due process during the proceeding, either by the parties and/or their attorneys. The Dominican divorces that have been considered invalid or void, are those divorces that were done in the past by proxy, by mail, without a separation agreement signed by both parties, without mutual consent of one of the parties and/or without at least one party traveling to Dominican Republic.
Q) I got my Dominican divorce prior 1998. Is it a valid divorce?
Q) Which are the official entities in the United States of America, that recognize Dominican Republic Divorces?
Q)Will the Dominican divorce be recognized before USCIS or any other immigration department? I want to sponsor someone to emigrate to the US after getting divorced.
A) If you obtained a Dominican divorce between 1971 and 1998, it is possible that you are still married to your ex-spouse! Of course, not all Dominican divorces performed during such period of time were fraudolent. But, there was a large number of divorces performed in a fraudulent way or incorrectly. To determine if your Dominican divorce obtained back then is valid, you can contact us via e-mail at info@dlawyers.com.
We will review your documents and information and determine if it is was done correctly.
Q) Are Dominican divorces valid in the United States, Canada or worldwide?
A) Dominican Fast Divorces are valid based on the principles of "comity", "estoppel" and as long as the parties complied with the due process during the entire proceeding and with certain requirements of Dominican Republic laws. If one of the requirements is not met, than it is possible that your divorce won't be recognized.
A) Dominican Republic Divorces are fully recognized by USCIS, IRS, SSA, US Armed Forces and US Supreme Court, if the parties comply with the due process required by the Dominican laws.
A)Yes. The Dominican divorce is recognized by USCIS for sponsoring purposes, provided that there is due process during the entire divorce proceeding.
Talk to the immigration attorney who will handle your case before USCIS, about the Dominican divorce and you will get all the answers to your questions. If for any reasons, your attorney does not know about the Dominican Divorces or need additional information to confirm the validity of the Dominican Divorce, please contact us and we will be more than glad to provide all the necessary information without obligation.
Q) Do I have, or my spouse has to agree to the divorce in order to obtain a Dominican Divorce?
Q) My spouse told me that we got divorced in Dominican Republic years ago. He/she told me that everything was done by mail. How can I be sure that my divorce decree is valid?
A) YES. A Dominican Divorce between foreign citizens living outside the Dominican Republic, in principle, can only> be filed when:
both parties, mutually agree to the divorce. That's to say they are both in consent.
both parties will sign the necessary documents prior to file for divorce;
and at least one spouse travels to Dominican Republic to appear before the judge, on the day of the hearing.
A) Send us all the documents you have in your hands via email at info@dlawyers.com. We will review the documents and tell you where you stand. Also, we can provide you with a written legal opinion or an affidavit stating if your divorce is valid or invalid.
We also offer our legal service as "expert witness on Dominican divorce validity" and have been testifying before several foreign courts in US and around the world, on the validity or invalidity of the dominican divorce.
Q. What about the custody of my children and child support payments, alimony and division of property, assets or debts? Can I still take care of these issues?
A. Yes. You can claim child support and alymony. You should review these issues using the guidelines of the legal system in your own jurisdiction.
Talk to a family lawyer in your jurisdiction. Make sure he/she has a background in international family law.
Once you and your spouse have reached the agreement then we will insert the terms and conditions agreed between both of you, into a marital settlement agreement, that we can draft for you at no extra charges; or you can have drafted for you by your attorney. Later, you and your spouse shall sign it signed before a Notary Public in your jurisdiction (or a local competent authority), get it authenticated before the corresponding local authorities and send it to us to file it before the court, prior your arrival to Dominican Republic.
Disclaimer: please note that the information presented at this website should not be construed to be formal legal advice nor the formation of a client/attorney relationship