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Under the special divorce law for non-resident foreigners passed in 1971, the only possible grounds for divorce is mutual consent. Therefore, it is essential that both spouses be in agreement on obtaining the divorce.
The law also requires that one of the spouses make a personal appearance in court in Santo Domingo. There is no residence requirement. It is sometimes possible for the appearing spouse to arrive one day and leave the next.
Since the spouses are becoming divorced by mutual consent, the law requires that they enter into a separation agreement with respect to the division of their common property, custody over their children (if any) and alimony and support payments. It is advisable that the agreement be drafted by an attorney practicing in the jurisdiction of the domicile of the marriage.
It is necessary for the non-appearing spouse to execute a power of attorney in the presence of a Public Notary or Dominican Consul. This power of attorney provides evidence that the non-appearing spouse accepted the jurisdiction of the court.
In addition to the separation agreement and the special power of attorney mentioned above, additional information would be necessary. Birth certificates for all minor children born in the marriage must be presented. Finally, a certified copy of the marriage certificate is required.
For the divorce judgment to be handed down and registered, from one to four weeks will be necessary depending on the court's workload.
The Embassy of the Dominican Republic understands that over the Internet, divorces are offered in the Dominican Republic without requiring that at least one of the spouses make a personal appearance in court in Santo Domingo and without mutual consent.
The Embassy warns that those divorces are illegal and not recognized by the Dominican courts and neither recognized by US courts.
The US Department of State web site provides information on the legality of foreign divorces.
See travel.state.gov
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