Mr Guzman could you please clarify

AnnaC

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In the legal page of DR1 we find the following;

How soon can a Dominican woman remarry after a divorce?
Art. 35 of Divorce Law 1306-bis of 1938 establishes that a Dominican woman needs to wait ten months after her divorce is final. The only exception is when she is remarrying her previous husband.

This archaic provision comes from the article 228 in the French Napoleonic Code of 1804, a time when pregnancy tests did not exist and therefore confusion could result regarding the paternity of any child born soon after the new marriage. It is stupid and outdated, etc. but, unfortunately, it?s the law.
How soon can a person remarry after getting a one-day divorce in the DR?

The foreign person needs to wait for the divorce decree to be registered at the ?Oficial?a? before remarrying. The divorce is not final until it?s registered. To marry before registration of the divorce decree may invalidate the marriage if challenged in the future.

There is much confusing about this so could you please clarify whether a foreign woman getting married in the DR needs to wait 10 months after a divorce while at the same time it states that she can remarry after a quick divorce has been registered.

Thank you for your time
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
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In the legal page of DR1 we find the following;



There is much confusing about this so could you please clarify whether a foreign woman getting married in the DR needs to wait 10 months after a divorce while at the same time it states that she can remarry after a quick divorce has been registered.

Thank you for your time


The article is clear Anna! The "foreign" woman would just need to wait until after the divorce is registered. The Dominican woman can't marry under the same conditions as she's still under the article's parameter. Even when she could have also opted for the speedy divorce procedure.

Unless there has been a change on the article since the new reviews were done, it's still plausible that the article remains as written in the books.
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
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And atop that the foreign woman can't remarry, even after the quick divorce is registered in the "DR", but according under the laws in their own country could marry the very same day the divorce is legalize there (in their country of nationality).
 
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AnnaC

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And atop that the foreign woman can't remarry, even after the quick divorce is registered, in the "DR" but according under the laws in their own country could marry the very same day the divorce is legalize there (in their country of nationality).


So let me get this right. If I got a divorce in Canada 4 months ago I cannot get married to some other guy in the DR until the 10 months have passed?

Some have said that if you provide a medical certificate showing that I as a foreign woman am not pregnant then it's fine to get married in the DR as long as a judge approves?

Hey Pichardo you're a lawyer right? I really want to get this cleared up for the many that keep asking this question;)
 

Reidy620

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Escuse me cutting & pasting but this is what it says on the UK Dominican Embassy website about getting married :-

<table align="center" bgcolor="#336699" border="0" cellpadding="1" cellspacing="1" height="23" width="92%"><tbody><tr><td bgcolor="#336699" height="21" valign="middle" width="216">[FONT=Verdana, Arial, Helvetica, sans-serif]Marriage[/FONT]

</td> <td width="271">
</td> </tr> </tbody></table> [FONT=Arial, Helvetica, sans-serif]LEGAL REQUIREMENTS FOR MARRIAGE IN THE DOMINICAN REPUBLIC
[/FONT][FONT=Arial, Helvetica, sans-serif]The following documents must be legalised:[/FONT]

[FONT=Arial, Helvetica, sans-serif]1)[/FONT] [FONT=Arial, Helvetica, sans-serif]Complete Original Full Birth Certificate or an Official Extract including parents? names ; and[/FONT]
[FONT=Arial, Helvetica, sans-serif]2) [/FONT][FONT=Arial, Helvetica, sans-serif]According to his/her situation:[/FONT]
[FONT=Arial, Helvetica, sans-serif]a)[/FONT] [FONT=Arial, Helvetica, sans-serif]If never married: A Statutory Declaration, stamped by a Notary or Solicitor, declaring single marital status and eligibility to marry. [/FONT]
[FONT=Arial, Helvetica, sans-serif]b)[/FONT][FONT=Arial, Helvetica, sans-serif]If divorced: Decree Absolute and a Statutory Declaration, stamped by a Notary or Solicitor, declaring marital status and eligibility to marry.[/FONT]
[FONT=Arial, Helvetica, sans-serif]c)[/FONT] [FONT=Arial, Helvetica, sans-serif]If widowed: Spouse’s Death Certificate, previous Marriage Certificate and a Statutory Declaration, stamped by a Notary or Solicitor, declaring marital status and eligibility to marry.[/FONT]
[FONT=Arial, Helvetica, sans-serif]3)[/FONT] [FONT=Arial, Helvetica, sans-serif]If a name has been changed by Deed Poll or if the person has been adopted, proof of this must be presented.[/FONT]
[FONT=Arial, Helvetica, sans-serif]4)[/FONT] [FONT=Arial, Helvetica, sans-serif]If the person is under 18 years old, parental consent is required in the form of an Affidavit stamped by a Notary or Solicitor.[/FONT]

[FONT=Verdana, Arial, Helvetica, sans-serif]NOTES:[/FONT]
[FONT=Arial, Helvetica, sans-serif]• Statutory Declarations are to be declared per person (i.e. joint declarations are not accepted) and must include passport numbers, address and line of employment. A model Statutory Declaration can be downloaded from here.
• Statutory Declarations are valid for a period of three months from the date of issue.
• Divorced women cannot get married again until 10 months after the divorce is finalized, unless her new husband is the same man she divorced.
[/FONT]

If you look under NOTES, it gives you the details on timescales - No, I'm not a lawyer but this was what we had to follow when we were married in the DR. I'm assuming it's the law no matter which country you are coming from.

PS - Have checked the Canadian Dominican Embasy Website & it says the same
http://www.drembassy.org/english/index-2.html

Click on "documentation for getting married" on the right hand side under nonimmigrant services.


Hope this helps
Tropical Regards
Ian & Ellie
anpalmisl.gif
 
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elnegro

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Thanks AnnaC for this post.

In fact, we are a group of people in this situation. Some wants to get married before the 10 months and other already have 3 years of wedding and going full court to defend their case and dont want immigration saying that they didnt get even married!

In Dominican Republic we have all kind of answers so were lost in all this. Is it a legal wedding or not?

Some lawyers said that you can waive this and others said thats impossible. Some people are saying that when its already done, its possible to valid it and other are saying its impossible. They are telling us to cancel the wedding and redo it and the reapply!!!!! When we look in the law, its A DIVORCED WOMAN MAY WAIT 10 MONTHS BEFORE.... its not a dominican divorced woman... When you look in this site, its Dominican women and when you check on Wikipedia, its saying that it can be waived.

If its not valid, why the judges are doing it? Do they have the power to waive it or not?


Wow sorry if we have a lot of questions ;)
 

AnnaC

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Thanks for all your help but this is the reason I would like Mr Guzman or anyone in his office to clarify this. If the 10 months wait applies to all women Dominican or not then we need to change the wording in the Legal page so let's wait for the Guzmans to reply please.
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
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Not a lawyer! But have plenty of them in the company.
Like I said it don't matter if Dominican or not, both women can't remarry unless after 10 months of doing all the legit work on the divorce if done in the DR.

But as soon as both women step out of the DR into another country, that particular nation's law in respect to divorce come into play. In the USA both women could marry as soon as a marriage license is secured in their city halls.

In the DR the law is never cemented on anything other than ice that can melt (with the proper actions).
As far as I know and asked there's no such loophole in the Law against the 10 month period other than death.

If a lawyer says otherwise in consultation, that's another level of behind the gavel thingy.

To put it clear as water:

Dominican or foreign woman that divorces in the Dominican Republic MUST wait the 10 month period.

Dominican woman that didn't become a naturalized citizen of another country but holds a residency card there; divorces in the US (or other) and not the DR, arrives in the DR and wants to remarry must wait the 10 month period.

Dominican woman that became a naturalized citizen of another nation and divorced there and comes to the DR, can remarry as soon as the license is issue after all stamped and formalized.

Foreign woman that divorced in their country and comes to the DR to remarry again DOESN'T need to abide the 10 month article, can marry as soon as license is issued.

Foreign woman with residency in the DR and divorced in their country can remarry as soon as the license is issue. No wait period.

Foreign woman that became a naturalized DR citizen, divorced in their country and came to the DR to remarry, must wait the 10 months period.

Foreign woman that came to the DR, redisent, tourist, work or naturalized AND divorced IN the DR MUST wait the 10 month period!

Hope that helps!
 

PICHARDO

One Dominican at a time, please!
May 15, 2003
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Be careful of stuff that's offered to "clear" the way for things like this. At the end it could render marriages invalid and nulled, when anything of major legal concern is raised.
 

AnnaC

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Jan 2, 2002
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Foreign woman that divorced in their country and comes to the DR to remarry again DOESN'T need to abide the 10 month article, can marry as soon as license is issued.

Hope that helps!

This is the one that we are asked about the most and we've been saying this but for some reason there's been much confusion lately.

Thank you I will bookmark this
 
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