FACTS on divorce please

jody

New member
Jun 29, 2006
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OK, anyone who has read my previous post will see that I am back looking for info and options. I have spoken to several lawyers with one lone respones " he gets 1/2, end of story" .
Mr. Guzman if you would be so kind as to answer these questions:

1. Are any other factors taken into consideration when a divorce proceeding occurs:
- who put the capital into the property ( one lawyer advised if I have proof that the funds came from abroad I would be "fine")
-bank statements of the spouse at the time of purchsae
-length of marriage ( I've heard over 2 years, and I haven't a chance at anything!)
-children of the marriage
-abuse, physical or mental, infedelity

2. How are children handled in divorce?
-what type of custody arrangements are there (Sole custody?)
-travel: can I leave with them?; I've spoken to migracion and they advised that the law of having a signed paper legalized in STI or SDQ is being fully enforced. Migracion had no opionion or vocalized a standpoint on divorce papers, which leads me to wonder if custody is dealt with at the time of the divorce( I have also spoken with friends that work in the airport and they have confirmed that they have seen people denied exit without this paper, however, all examples they gave the parents weren't married and therefore didn't have divorce papers). He is using this as a bargaining tactic and I will not leave, even for vacation, without my children.
-financially- this may be amusing to some, but may be a bargaining tactic in my favor

3. If we are divorced, and I still choose to live on the property with the children, is this an option? ( any finacial implications on my part?)

4. If we are divorced, and I choose to leave prior to the sale of the property, can he sell it while I'm not here? (the title is in my name, but states we are married; we've all heard stories where houses are sold 3 time over)

5. We've all heard of finding out about divorce in the papers, however, if I live here and have my residency, can he still divorce me without my knowledge and if the answer is yes, how do I then defend my interests in the property?

6. If I divorce him first do I gain anything? I have been advsied by one lawyer that if I divorce him first I will have the upper hand.

7. On another tangent, if we are still married and the property is sold, how are the proceeds legally distributed, since the title is in my name?

8. If we are still married, and leave the country, can he sell the property without my knwoledge or signature, since we are married?


Ok, I know I have more questions but that is enough for now, with these answers I will have a better understanding of my rights. I am asking here, because as any of us who lives here know, the answer can vary on who you ask and what they may gain from the possible outcome. By asking here, no one gains anything, except maybe the occasional sarcastic response. :cheeky:

Thank you in advance Mr. Guzman for taking the time to address this long list of questions.
 

jody

New member
Jun 29, 2006
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I'm new to this, do you have a link/email I can forward this to him directly. Thank you
 

Hillbilly

Moderator
Jan 1, 2002
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If drlawyer can't help you try this:

I would go see Rosina de la Cruz de Alvarado in Santiago. Perhaps the best defender of your interest in this case. Look up "Oficina de Abogados De la Cruz Alvarado"///

CYA!! You are in for a dogfight.

HB :D:D
 

jody

New member
Jun 29, 2006
14
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0
Hillbilly said:
If drlawyer can't help you try this:

I would go see Rosina de la Cruz de Alvarado in Santiago. Perhaps the best defender of your interest in this case. Look up "Oficina de Abogados De la Cruz Alvarado"///

CYA!! You are in for a dogfight.

HB :D:D

thanx for the info Hillbilly, I'll keep her in mind.

Dogfight.....tell me something I don't know:D
But a fight he wants....a fight he shall get:ninja:
 

jody

New member
Jun 29, 2006
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answers if your interested

jody said:
OK, anyone who has read my previous post will see that I am back looking for info and options. I have spoken to several lawyers with one lone respones " he gets 1/2, end of story" .
Mr. Guzman if you would be so kind as to answer these questions:

1. Are any other factors taken into consideration when a divorce proceeding occurs:
- who put the capital into the property ( one lawyer advised if I have proof that the funds came from abroad I would be "fine")
-bank statements of the spouse at the time of purchsae
-length of marriage ( I've heard over 2 years, and I haven't a chance at anything!)
-children of the marriage
-abuse, physical or mental, infedelity
.

well according to Dr. Brea, who associated with Mr. Guzmans' office, none of this matters. From what I understand, the divorce is done and then he has to "sue" me for everything. But also from what I understand he stated that none of the above matters.

jody said:
2. How are children handled in divorce?
-what type of custody arrangements are there (Sole custody?)
-travel: can I leave with them?; I've spoken to migracion and they advised that the law of having a signed paper legalized in STI or SDQ is being fully enforced. Migracion had no opionion or vocalized a standpoint on divorce papers, which leads me to wonder if custody is dealt with at the time of the divorce( I have also spoken with friends that work in the airport and they have confirmed that they have seen people denied exit without this paper, however, all examples they gave the parents weren't married and therefore didn't have divorce papers). He is using this as a bargaining tactic and I will not leave, even for vacation, without my children.
-financially- this may be amusing to some, but may be a bargaining tactic in my favor
.

once again, not handled in divorce court, once again I will need another hearing to gain custody and was not given clear answer as to how this would play out.


jody said:
3. If we are divorced, and I still choose to live on the property with the children, is this an option? ( any finacial implications on my part?)
.

no clear answer, just to see what happens

jody said:
4. If we are divorced, and I choose to leave prior to the sale of the property, can he sell it while I'm not here? (the title is in my name, but states we are married; we've all heard stories where houses are sold 3 time over)
.

Dr. Brea stated NO. but once I questioned him he then said, of course with a shady lawyer he could get it done

jody said:
5. We've all heard of finding out about divorce in the papers, however, if I live here and have my residency, can he still divorce me without my knowledge and if the answer is yes, how do I then defend my interests in the property?
.
Once again, Dr. Brea stated no, but again, with the right lawyer this could happen


jody said:
6. If I divorce him first do I gain anything? I have been advsied by one lawyer that if I divorce him first I will have the upper hand. .

apparantly not relevant

jody said:
7. On another tangent, if we are still married and the property is sold, how are the proceeds legally distributed, since the title is in my name? .

didn't get a straight answer to relay

jody said:
8. If we are still married, and leave the country, can he sell the property without my knwoledge or signature, since we are married?.

again, no, but with the right /wrong lawyer....


jody said:
Ok, I know I have more questions but that is enough for now, with these answers I will have a better understanding of my rights. I am asking here, because as any of us who lives here know, the answer can vary on who you ask and what they may gain from the possible outcome. By asking here, no one gains anything, except maybe the occasional sarcastic response. :cheeky:

Thank you in advance Mr. Guzman for taking the time to address this long list of questions.


well, I'm still looking for more definitive answers and realy don;t know if I will get any, and therefore and not sure how to proceed.
 

Nelly

Bronze
Jan 1, 2002
614
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just a thought

I don't know what to tell you and I understand that this is a stressful time but I hope that you do not use your children as a bargaining tool. They need both parents and the nicer you can be to each other, the better it is for them.
 

kingofdice

Active member
Jan 16, 2002
406
29
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Dear Jody,

While admitting that you asked a long list of questions to Mr. Guzman, I actually counted 17 questions within the 8 items that you wanted answered, which for proper answers, would consume quite a bit of valuable time for a busy, distinquished lawyer.

Count your blessings if Mr. Guzman answers. I would consider more proper to pay the man, for the boatload of time it will take to address all your questions.
 

jody

New member
Jun 29, 2006
14
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0
update

Well, just to give you all an update on all that has gone on. things have gone from bad to wrose . I did manage to get my older child out of the DR as she was to go to summer camp and I have made arrangements for her aunt to keep care of her and not to return here. But in the meantime well....... I have been beaten several times, and of course the police never help, me and my youngest are still unable to leave as I won;t leave without my baby. I cannot go into any further details as to what will be happening fairly soon, as i need to play my hand close, but I have appreciated your support here, and will update you all when I can. As I know you like to hear an ending to all the drama that gets posted here!
with regards to all, Jody