DR marriage legal in USA?

J

j_train_leaving

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Mar 2, 2004
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I have a situation that I have been trying to reserch online with little/no definite conclusion. Any help here is greatly appreciated.

Last February, I got married on a beach in Punta Cana, DR. I am a US citizen, she is a Canadian citizen. It was a mistake, and I want to know if I (we) have any legal obligations to recognize the marriage.
We both feel it was a mistake, so we will both do whatever it takes to resolve it. Do we need lawyers and everything else, or can we just go about our business and forget the whole thing ever happened?
A week after the cerimony, my "wife" said that if we dont legalize the marriage certificate in Canada (Ontario - English speaking) where she (and I once lived) lives, it wouldnt be valid. Now she seems to think that she misunderstood what someone told her and she thinks that they were saying that you had to get the marriage certificate translated into English, but its still legal.
So now, she lives in Cananda, and I live in the USA. - What legalities do we face.
We are both young and I do intend to marry someday in the future... I just dont want to run into complications then, if I do nothing now.
-Please ask any questions if anything is unclear.
I want to know how the USA or Canada would ever know that we were married if we just said nothing and went along with our lives as normal.

Thanks for your help,
J train
 
R

ricktoronto

Grande Pollo en Boca Chica
Jan 9, 2002
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Pass the Cake...........

j_train_leaving said:
I have a situation that I have been trying to reserch online with little/no definite conclusion. Any help here is greatly appreciated.

Last February, I got married on a beach in Punta Cana, DR. I am a US citizen, she is a Canadian citizen. It was a mistake, and I want to know if I (we) have any legal obligations to recognize the marriage.
We both feel it was a mistake, so we will both do whatever it takes to resolve it. Do we need lawyers and everything else, or can we just go about our business and forget the whole thing ever happened?
Click to expand...

You're married. Get a divorce, maybe you can get an annulment, but if you mean February a year ago, maybe not. See a lawyer. Perhaps you can get her to agree to a one-day Dominican divorce but that's the thing I'd be worried about being held as legit, not the wedding.

LOTS of couple get legally (and permanently so to speak) married at AI's in the DR and they are married when they get home.

I am assuming beyond the ship captain or head waiter that did the ceremony you went and got a marriage licence and did the paperwork saying you were each legally single and so forth prior to the big day?

I have to admit this is the first non-DR / non-DR quickie romance and marriage I've read or heard about. It's usually a norteamericano hitching up to a Dominicana and then regretting it.

Good luck.
 
T

Talldrink

El Mujeron
Jan 7, 2004
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You can get a divorce in DR the same day you apply for a fraction of the price you would pay in the US. Like Rick just said, you can get it annuled if it was last month (2 days ago) otherwise, you are hit Papi - you will have to get a divorce b/c your marriage is valid around the world.

P.S. The Dominican Divorce is valid everywhere also.
 
P

pati

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Feb 3, 2004
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j_train_leaving said:
I want to know how the USA or Canada would ever know that we were married if we just said nothing and went along with our lives as normal.
Click to expand...

They probably would never know as long as no one informs them but if you get married in the US you would have to lie on your marriage license application. They ask about previous marriages. Keep in mind that a marriage from any country is recognized in all countries. I think they were telling you (or your wife) to get the papers translated into english so that you can file them with your local county clerk. My guess is the purpose for filing at the county clerk is so your marriage would then be subject to that states community property laws in the event of a divorce.I don't know what you would have to do to dissolve the marriage but you should call your county clerks office and explain the situation. They can tell you if you qualify for an anulment or a divorce according to state law. Life is just simpler when you do things the right way.
 
J

j_train_leaving

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Mar 2, 2004
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Talldrink said:
Like Rick just said, you can get it annuled if it was last month (2 days ago) otherwise, you are hit Papi - you will have to get a divorce b/c your marriage is valid around the world.
Click to expand...

Last February as in February 2003.
I wonder how complicated this will all be since she lives in Canada and I live in the USA. I probably have to file in my state and go from there. Wow... what a predicament I have gotten myself into.

Some more to my story:
I met her 5 years ago. We had a daughter together a year later where I moved to Canada to be with them fulltime. I had to move back to the USA for work related/money issues and we were going to see if I could stay in the USA for a year, then move back to Canada. Our relationship slowly degenerated and we decided getting married would "make things better" - believe me, theres a lot more to it than that, but that is the idea of the whole thing. So I had her set the whole thing up from A-Z and I went along with it like a fool - NEVER do something your heart is not completely in to!!.
When we got back from the "marrriage/honeymoon" we only lasted together for about a month before I told her how I felt and that it was wrong for us. We were both very hurt, but we decided to split up and basically not recognize the marriage (since we didnt think we "legalized" it anyway by not bringing it to the Dominican Consulate in Canada, where we filled out all the other paperwork and affidavits to get redy for the wedding) and she moved back to Canada with our daughter (believe me, being away from my daughter is the hardest thing in the world to do). One good thing is that we are both still "friends" and are civil with one another - I can visit my daughter whenever I want and take her away on vacation too.
Believe me, I also want to do things the right way, but I feel its so complicated of a story for someone to understand.
Thanks for all the help and advice people, this is extremely difficult.

J
 
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Porfio_Rubirosa

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Apr 26, 2002
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Under these circumstances, you should get an official divorce in the DR. Having a daughter together will make inheritance and other issues unavoidable otherwise. And the DR divorce will be at least as valid and recognizable as your DR marriage.

You can both probably hire Attorney Guzman or another attorney while still in North America, wire the money to cover the cost, fly down and sign the papers. it may even be possible to sign the papers in North America and have them notarized at the Dominican consulates.
 
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ricktoronto

Grande Pollo en Boca Chica
Jan 9, 2002
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Get this fixed up........

j_train_leaving said:
Last February as in February 2003.
I wonder how complicated this will all be since she lives in Canada and I live in the USA. I probably have to file in my state and go from there. Wow... what a predicament I have gotten myself into.

Some more to my story:
I met her 5 years ago. We had a daughter together a year later where I moved to Canada to be with them fulltime.

J
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You start making or getting money and stuff and she'll be able to come after you for stuff accumulated after the wedding date until you're dead and then after you're dead she'll get part of the estate. Plus you ever want to get really seriously married are you going to perjure yourself on the applicaiton? And what if SHE gets mad later and points out the bigamy to the authorities let alone your new wife ( who wouldn't be a realwife as you'd be a bigamist).

Get a lawyer and don't use forums as your legal advisor.
 
J

j_train_leaving

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Mar 2, 2004
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ricktoronto said:
Get a lawyer and don't use forums as your legal advisor.
Click to expand...

Rick,
I appreciate your insight to my situation and concerns. My coming to this forum was just to gather a few bits of useful info, as we all do - I know that this board cannot replace the aid of a lawyer, but rather share my experience with you members to get some ideas.

Thanks
J
 
T

Talldrink

El Mujeron
Jan 7, 2004
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J Train, getting a divorce in DR is NOT that complicated. she does not have to be present and if you start the process in the morning, you can married again that afternoon. You also dont need an expensive lawyer (dont know how much Mr. Gusman charges) But really, dont beat yourself up about, is not a big deal especially if she's ok with it.

I say go to the DR b/c they will do it no questions asked and for the equivalent of about $100 to $200 dollars. In the US it will be at LEAST $600 and about 3 months wait time ($300 for a very cheap lawyer and $300 for court fees, the paperwork takes at least 3 months to clear - in NJ at least).

The best thing you got going for you is that she agrees with the decision. This is a quick fix only if the custody arrangements are ok with you in the time being. However, even if everything changes, the baby is 1/2 yours and you will always have your rights.

On another note, I'm glad you feel that way about your daughter, it is refreshing to hear how much a father cares for his kid.
 
J

j_train_leaving

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Mar 2, 2004
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Talldrink said:
The best thing you got going for you is that she agrees with the decision. This is a quick fix only if the custody arrangements are ok with you in the time being. However, even if everything changes, the baby is 1/2 yours and you will always have your rights.

On another note, I'm glad you feel that way about your daughter, it is refreshing to hear how much a father cares for his kid.
Click to expand...

Thanks for the insight Talldrink...

Custody arangements are a whole other thing - I guess its another legal issue we need to get drawn up. My daughter will be living with her Mom since I dont believe a child that young should be away from their mom, unless the mom is posing a threat/crazy, etc., which she is not. We have had a child support dollar figure for almost a year now that I send every month, but Im sure that will have to go thru Canadian courts as well - so I dont know if its possible they will make me pay more than I do now (even if my ex agreed to a different, and possibly lower amount) ?

My daughter is my whole life. The fact that her mom and I have these issues facing us has nothing to do with her, and we are both determined to make sure she understands that growing up. I just hope I can make everything go smoothly. - Thanks for the compliment

J
 
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ricktoronto

Grande Pollo en Boca Chica
Jan 9, 2002
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Child Support is by Formula

j_train_leaving said:
Thanks for the insight Talldrink...

We have had a child support dollar figure for almost a year now that I send every month, but Im sure that will have to go thru Canadian courts as well - so I dont know if its possible they will make me pay more than I do now (even if my ex agreed to a different, and possibly lower amount) ?
J
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There is a fixed payment amount based on where you live and your salary. Whether that crosses borders, who knows (hey -maybe you can pay less!) . You may want to consider trying for a divorce by mutual consent in your state with her OK than doing it in Ontario. GET....A..........LAWYER.............
 
PICHARDO

PICHARDO

One Dominican at a time, please!
May 15, 2003
13,280
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Santiago de Los 30 Caballeros
A Dominican marriage is legal in all places in the world, however the US doesn't allow for quick divorces in the DR "only" in the cases where one party it's involved in an immigration issue, otherwise court related issues are just as solid as a lengthy divorce, there're several kinds of divorce procedures in the DR, uncontested, with agreement, with contention and so forth, alimony in the case of non citizens doesn't apply unless the child in question is a Dominican citizen or of Dominican born parents in which case it could be of contention in court, otherwise once the matrimony is dissolve no social or economical ties would exist thereon between the two parties, and as such it would take effect once it's published in papers in circulation in the DR.
 
M

myra

New member
Mar 12, 2004
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Divorce

Just get divorced . it is easier.... save a lot of trouble. Plus Dominican Divorce is valid anywhere and so is there marriages. My ex married a female in DR while he was still married to me in the States . They never asked in DR. But he traveled back and forth and has to fess up. I could have sued him for bigamy but I let him slide. So do not play around do the right thing




j_train_leaving said:
Last February as in February 2003.
I wonder how complicated this will all be since she lives in Canada and I live in the USA. I probably have to file in my state and go from there. Wow... what a predicament I have gotten myself into.

Some more to my story:
I met her 5 years ago. We had a daughter together a year later where I moved to Canada to be with them fulltime. I had to move back to the USA for work related/money issues and we were going to see if I could stay in the USA for a year, then move back to Canada. Our relationship slowly degenerated and we decided getting married would "make things better" - believe me, theres a lot more to it than that, but that is the idea of the whole thing. So I had her set the whole thing up from A-Z and I went along with it like a fool - NEVER do something your heart is not completely in to!!.
When we got back from the "marrriage/honeymoon" we only lasted together for about a month before I told her how I felt and that it was wrong for us. We were both very hurt, but we decided to split up and basically not recognize the marriage (since we didnt think we "legalized" it anyway by not bringing it to the Dominican Consulate in Canada, where we filled out all the other paperwork and affidavits to get redy for the wedding) and she moved back to Canada with our daughter (believe me, being away from my daughter is the hardest thing in the world to do). One good thing is that we are both still "friends" and are civil with one another - I can visit my daughter whenever I want and take her away on vacation too.
Believe me, I also want to do things the right way, but I feel its so complicated of a story for someone to understand.
Thanks for all the help and advice people, this is extremely difficult.

J
Click to expand...
 
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