Divorce in Haiti

earosemena

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I have a Dominican friend married to a Canadian who wants to get a divorce, but they've lost touch. He's heard that a divorce can be obtained in Haiti without one of the parties consent. Is that true? And if it is, is it advisable? Can you engage a Dominican lawyer to handle this matter?
 

suarezn

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Feb 3, 2002
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My understanding is that you can do this in the Dominican Republic, too. I've heard that the only requirement is for you to publish the notice in a Dominican newspaper, which of course the other party may or may not read. The lawyer who visits the forum may be able to give you better info on this.
 

earosemena

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I have visited that site several times and there is no info re: divorces in Haiti or any other way to divorce without consent by both parties. In DR you have to have consent by both. One partner can be absent and porvide a Power of Attorney. The other partner has to appear in court. The issue is that my friend has lost contact with his wife in Canada and therefore can't get her consent. They had agreed to part for good.
 

Hillbilly

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Jan 1, 2002
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No you don't...
DR divorces are well recognized in the States. Don't get a wedgie over this, it should be done here in the DR. No matter what nationalities are involved.
HB
 

lasvegas

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Sep 21, 2002
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I have also been told by different lawyers in DR that one only needs to publish in the newspapers to obtain a divorce in DR. My question is- Is it possible for someone to get a divorce without the other persons consent or knowledge? If so is it legal and binding? I have read DR1's info on divorce but are there still some lawyers who may practice " illegal divorces" so to speak.
 

Robert

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lasvegas - no, those other DR lawyers are wrong!

If you have been told anything different from the advice we haven given you then they are only after one thing, your money.

If your looking for a quick dominican divorce I strongly recommended you use a lawyer that knows what they are talking about and one that comes recommended by other people that have used that lawyer.
 

Criss Colon

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I got a "Dominican Divorce" in 1986!

The US lawyer in Boston arranged the whole process.Both parties,MUST agree to the divorce! Papers showing how the assets will be divided,and children provided for must be filed with the court in the jurisdiction where you live,as well as the Dominican Divorce Decree.The purpose,and therefore the legality,of this divorce is to allow two people who agree on this divorce to do so rapidly,and at low cost.It is not so one party can dump the other without their consentor knowledge!Best thing I ever did! $2000 US,including hotel and airfare!CRIS ...and I found the treasure of the DR!
 
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earosemena

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It sounds like there is no way around the consenting by both issue. The point is that my friend can't find his ex. She's moved and left no forwarding address or phone number.
 

JOHNNY HONDA

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Sep 25, 2002
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Under Canadian law i do believe there is a procedure in which you publish the request for divorce in the newspapers and if the party does not respond the procedings may ensue without them,since your friend was married to a Canadian i suggest you contact a lawyer in Canada
Johnny
 

Jeff

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Aug 28, 2002
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This is at-fault divorce on the grounds of abandonment or its legal equivalent like their physical separation for 1 year without cohabitation (because of abandonment). There is a "separation" period of 1 year or so in the many state jurisdictions in America.

If hubby has left the country some time ago, and he has not even maintained contact or family support, then it is an unjustified action, in my opinion. If this is true in reality, there are further grounds for the numerous related issues for the unilateral prejudicing marital property settlements and also a child custody issue of terminating parental rights based upon abandonment.
A child becomes a ward of the court, but it is in the best interests of the child (and court) to have a court-appointed guardian like a relative or step-parent in this interim.

A spouse cannot be unreasonably expected to be very conversant in a foreign language nor to travel to the four corners of the third world simply looking for "machischimo" husbands (or a cruel wife).

Propensity for domestic violence and abandonment are not in the interest of the child and is an aggravating factor for determining a community property settlement in favor of child support and any other economic obligations "liened" by these community laws and/or equitable distribution laws (eg. concurrent bankruptcy court filing by the abandoned spouse). Unpaid child support means the abandoning party cannot reenter the US without being stopped by INS agents for likely deportation grounds on abandonment of residency and even face arrest for child support, especially if in contempt of a bankruptcy court. Those darned politically correct border computers are so nasty, even if totally useless for catching wannabe terrorists.

http://www.divorcesource.com/research/dl/cohabitation/95sep203.shtml

http://www.divorcesource.com/OR/ARTICLES/kramer5.html


Funny thing about the "community property" obligations is how comity has some bearing upon the marital property rationales of assimulating that community property issue into such a foreign jurisdiction and a "lien's" long arm of the law.
 
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Hillbilly

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Damn, I like the way this guy writes. You done real good, there jeff... Done learnt me a heap..

HB
 

Jeff

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It is just a personal opinion, but if one is already in a qualifying jurisdiction, it is questionable if the DR jurisdiction is preferrable.
However, there are cases where a DR divorce by mutual consent is useful. For example, you just relocated to New York following a marital break up. You'll be required to wait TWO years before a divorce petition can be filed. Las Vegas is six weeks, and Alaska is almost immediate. Hmmm, Alaska or DR? Snow or sun?

If one is in the jurisdiction of the divorce capital of Las Vegas, I'd be more inclined to use domestic procedures and not the foreign ones in any case of the best interest of the child. Minor children found to be "abandoned" inside the USA are wards of the court and they will become US citizens in most cases. Or there can be a court-appointed US guardian without the legal termination of parental rights. This itself will prevent physical custody of the child by the legal parent indefinitely, but only if it is in the best interest of the child. Leaving the country is abandonment, if there is no contact or financial support. Such child neglect is not in the best interests of the child. It is not desireable to have the child deported on the INS basis of the physical residency status of the legal parent's green card. What a mess but such instances are best served in the interest of the abandoned child by a step-parent or other guardian/relative. Even if the step-child is given to a foster parent in the worst case, it is in the best interests to remain in the USA.
 

lasvegas

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Sep 21, 2002
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Jeff your post was very interesting. I have a question. Lets say one decides to go the abandonment way of divorce. After one files divorce in ones state like mine Las Vegas and the divorce is granted on basis of abandonment what rights will one have with the child if your only relation to the child is through marriage. I have looked into adoption of the child but that of course needs his fathers consent which is impossible to get. INS only recognizes my rights because of my marriage. Once the marriage ends I will not be able to file adjustment of status for him. If it can be shown in court that the father has left the child without any contact will the child be allowed to stay in the US or will they send him back to the family in DR. I am curious about this since the child is a resident of DR and his visa is expired. I have talked to lawyers here but they all say it will be a difficult process. Getting a divorce in DR may be a quick way to end the marriage but I don't see how that will solve the problem with the child. I am wondering if the child is a part of a divorce action in DR and because the child is a resident of DR will the court there determine the child must go back to DR.
 

Jeff

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Parental rights and termination on the basis of abandonment or in the best interests of the child. . Divorce and parental rights are separate issues in reality. Your observations of the INS issues are one reason why domestic jurisdiction is preferable, in my opinion. The child's status is contingent upon the father's.
Dad has just flown the coop, and now his residency status is very questionable starting at six months. Your interest in being his new adopted parent or guardian with the permanent custody is commendable. As a ward of the court, the child can be adjusted in status if you are merely court-appointed guardian. The US gov't will have become the child's protector against any foreign aggressors and only it will have the authority to "send" him back. Under international law, he is an "abandoned foundling" under 18 which officially means he is not deportable. Daddy can most rightfully attempt to reclaim him in US Court, but this is not very likely based on your characterization of his actions. Becareful here, as the INS would love to prove "marriage fraud" on top of your shared fiscal fraud. I seriously doubt that past intent of marriage fraud is the case by his abandonment of his green card status, but they will do anything to become retrospective.

Your situation sounds like four monkeys, not one. That is fiscal issues, marital property, parental rights, and then divorce. The immigration matters are woven into these. I'd get the fiscal debt off your back with either an offer-in-compromise (OIC) or a Chapter 7 bankruptcy. That is a lawyer makes an offer which stops the collections process until they accept or reject. Bankruptcy will also stop the collectors, too. This requires a tax debt over three years old, I think. If you own a NV house with some equity under $125,000, your fiscal matters will not be excluded by state homestead exemption. However, fiscal debt is shared by state community property law (and/or joint return)! This might require a Chapter 13 bankruptcy, so you can keep a roof over this kid's head. A more hybred bankruptcy is Chapter 20 which is Chapter 7/13 together. That "Chap. 7 liquidation" of credit cards and any qualified fiscal debts, then "property liens" are reinstated so that the Chapter 13 "repayment plan" can be established. This going to disappear sometime, so use now, not later. Again, a local lawyer is needed for about USD$600-1500. Either OIC or bankruptcy will get Uncle Sam off your back, and any continuing harassment is punishable by contempt of court.

Concurrently, divorce requires no cohabitation for over one year in Nevada. Parental rights are the "abandoment" issue. I don't know how they handle these in each state but permanent custody as court-appointed guardian is one issue of the step-parent relation on the grounds of paternal neglect. By this definition of child neglect, there is no child support, contact, or visitation by the father during prolonged periods and even an indifferent attitude to you and his offspring. Physical abuse is another form of child neglect but such an aggravating allegation must be truthful. However, that machisismo propensity for domestic violence is a factor for your safety and the childs. Mandatory obligations of the state court is to keep the peace.

No one can be forced to remain married, and while he might be "served" with divorce papers, he might not reply. If he does, he will be potentially facing "back payments" for fiscal and child support. Or he might not be found for purposes of legal service, and a default judgement is ordered. In either case, he might be able to challenge the order in the future. Meanwhile, your own community property issues will have been discharged or resolved. His aren't. Those outstanding government debts of fiscal and child support are called "shark repellant" and could keep him out of the country for over 12 months. Under INS rules, he just got disqualifed for permanent residency by operation of US immigration law and the grounds for that actually started at six months. The deck is not stacked in favor of "Pete Rose". Lord only knows just what community property issues might be left over from a divorce decree, after your OIC/bankruptcy, for DR property attachments for months of uncollected child support.

Until you are in the clear, forget about chasing him. Deal with the four monkeys before they become the four horseman.
 
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lasvegas

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Very good Jeff. At this point don't care where he is. Just want to cover all the ground necessary to get out of this. The house is no longer in my name. On paper it shows I " rent " the property. After this year the IRS bill will be 3 years old. I am seriously thinking bankruptcy. Can't be any worse than now. It would probably be the best way to go. Marriage fraud, well that may be on his part. Staying in the marriage for solely obtaining residence status. I just want to tread lightly where the child is concerned. In two weeks he will have passed the time he was allowed to stay in the US plus he has no visa. It has expired. You are very correct in saying so to speak " stop beating a dead horse ". I have to do what I must to get out from under this and move on. I just want to make sure any actions I take here in the US will not negatively affect the child. Sounds like you are either a very good lawyer or should be one. Your posts are right on the mark. Your knowledge and Hillbilly's make you two a great pair. I do hope in the future you will continue to help posters with your advice regardless of the negativity sometimes presented by others.
 

Jeff

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Consult a local attorney about Chapter 7. There is a 'look back' of 12 months upon filing for ownership transfers to "insiders", so a lawyer is necessary to avoid "constructive fraud" under uniform fraudulant transfer act. Chapter 7 is painless in reality and your credit will bounce back within months with a secured credit card.
No need to shed tears when you realize that it was designed to protect people from "debtor's prison". As long as there are no games, it will be a breeze and no one will ever really know unless you tell them or they can access your credit record. In ten years, it'll be gone from your credit history. In three years, you'll be getting mail offers for unsecured credit cards, and within 1-2 years, you'll be even able to buy a house by FHA loan programs. As for your unadopted dependent, you can drop him off at Shade Tree in Las Vegas which is the foster care program in that city. They won't hassle you with guilt trips, if you feel you do not or just cannot take care of him anymore. Or you can offer to be his court-appointed guardian and seek permanent custody on such a basis. As a "foster" step-parent you might be subsidized by the state, so you do not have to spend your limited personal funds on his welfare. He'll be a "foundling" for his INS status, until the best interests of the child are determined by the court. You were painted into corner, but Uncle Sam cannot be ruthless under such circumstances. If this "get tough" behavior is the impending wave of the future, I do not want it driving common people to the very edges of financial dispair and its fallout (eg. suicides, more divorce, child neglect, cause of disfunctional family, etc).

"BTW, I am not a lawyer, so this is just unqualified opinion.
 
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earosemena

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Aug 18, 2002
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It's great to have you back Fabio. When you say back home, do you mean Canada or the US? In other words, if an American marries a Dominican previously divorced in Haiti, are the divorce and consequent marriage valid in the US?