Divorce Please

Go to: DR1 & Guzman - Divorce

You have to come here.

I know of at least 3 DR1 posters that have used Fabio Guzman to process their divorce and have been very happy.

I take it you changed your mind about moving there. Anyways I am in the middle of doing a divorce there Husband dominican but US citizen and I am Us citizen. We signed power of attorneys at Dominican consulate in Boston and supposedly everything will be all said and done around the 20th and neither of us had to go there. We have 2 kids together also but did agreement with notary and filed at court.

LOPTKA said:

IWe signed power of attorneys at Dominican consulate in Boston and supposedly everything will be all said and done around the 20th and neither of us had to go there.

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I would double check your divorce is legal. Maybe things have changed, but I always assumed at least one spouse had to be present at the court hearing.

"Only one of the spouses must travel to the Dominican Republic to be present in court. The other spouse may be represented by a lawyer in our firm after executing the required power-of-attorney."
The Dominican Republic Law Firm: Guzman Ariza, Attorneys at Law.

Below is a link to the actual law/decree translated into English.

DR1 - Legal

"PARAGRAPH V.- Foreigners who are in the country although they are not residents may have themselves divorced by Mutual Consent, provided that, while at least one of them is present at the hearing, and the other represented by the holder of a special power of attorney, they expressly agree to attribute jurisdiction to a Judge of First Instance in the instrument of conventions and stipulations executed by a Notary Public of the very jurisdiction of the Court designated by them. For a case as it is provided for in this Paragraph, the provisions of Art. 27 of this law shall not be applicable."

USA Embassy: Divorce in the Dominican Republic

"Although residency is not required, at least one of the parties must appear at the hearing. An attorney authorized by power of attorney duly filed in the Civil Registry Office may represent the other party."

Let's see what Fabio has to say about this, as he's the expert

Enverswife said:

Again People Listen To Me , I Want To Find Out How To Get Divorced Without Going Back! Going Back Is Not An Option, I Won't Consider It And It's Not Gonna Happen! Can Anybody Please Give Me Any Advice On How To Get Divorced Without Having To Touch Domincan Soil!

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You can't, it's that simple.

Get divorced in the USA

Just call 1-800-Divorce. When Diamonds aren't forever.

Frank the Tank said:

Just call 1-800-Divorce. When Diamonds aren't forever.

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LOL i cant stop laughing , I have the song pictured in my head LOL

Frank the Tank said:

Just call 1-800-Divorce. When Diamonds aren't forever.

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we really don't appreciate smart ass answers in the legal section. Look before you post.

Enverwife look into getting an American divorce not sure how that works I know how it works for Canadians and the Canadian doesn't have to set foot in the DR.

If you get a Dominican divorce then yes you need to go to the DR so again find out as an American married to a foreigner how you can get a divorce.


PS
if he is in aggreement with the divorce he can go, you don't both need to be there only one person needs to appear in the DR.

I take it that you are not going to try to sue him or try to get alimony out of him now, since this thread below was posted so long ago, and just petition for a standard divorce?

http://www.dr1.com/forums/legal/56088-divorce.html

Marlie

Enverwife, you really should look at Mr. Fabio Guzman's lawfirm as suggested by Robert in one of his post above. Yes, you may find fees are a bit high for your budget but they offer many services, including divorce.

However, contrary to what Robert said, it is my understanding that you can actually get your divorce without having to go to the Dominican Republic. What Robert is saying applies to what is called a 'Dominican Quick Divorce' which is only good for foreigners wanting to divorce in the DR - in this case, neither spouses are living in the DR nor are they citizens of the DR so therefore atleast one of them have to travel to the DR and be present at the hearing. In your case, since your husband is a permanent resident of the DR, it is treated differently - this requires for you to obtain your divorce according to the Dominican jurisdiction. This would be called a Dominican Divorce by Mutual Consent. Both spouses must be in agreement and in case you can not travel to the Dominican Republic on the Court date set for the hearing, you can ask your lawyer to represent you by by Power-Of-Attorney (POA) and you do not need to be present at all in the hearing. Your POA will act fully on your behalf.

That's as far as I know...again, you should check out the Guzman Ariza website. I believe they offer a free initial consultation.

Sorry for the double post. My computer froze on me and I didn't think the first one went through - my bad! :bunny:

More Costs

AnnaC said:

...if he is in agreement with the divorce....

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... then you paid for it.

m'frog

Hi Enverswife....I'm suprised you can't find a lawyer to do the divorce. When I enquired about it in Canada a lawyer told me all I needed was the marriage certificate. They said they can do it here , I don't have to go there.
They also told me I could file and if I don't know where he is it'll just go through the courts without him.
I would check around some more. Good luck.

I can't relate totally to what you are going through but seems that it is pretty fresh.
I wish you luck and hope that all will work out for you. I guess try not to make a rash decision.
Maybe with a deep breath or two see if it isn't possible - follow the advice of the seasoned posters here.

Everswife I can understand on the surface why you don't want to go back but to regain your power and to finally GET RID of him you might have to. Look at it from a different perspective and see that by going back you are actually doing something POSITIVE for yourself and he will be gone. If you continue to see or view this as a negative experience you are giving HIM all of the power over you and the situation and that su*ks.

Go down with a girlfriend for a long weekend sign the papers and spend the day at the beach or go to Jarabacoa and enjoy yourself. Put it behind you.

Yes, what he did was deceitful and horrible. He sounds like a loser! It hurts.

I try to get through life with---
When life throws you lemons make lemonade. It's gotten me through my rough spots. God, knows I've had them. We all have.


I just re- read your last post-- divorce him! If you stay married to him he will be entitled to your social security when you die, your pension and I'm sure you don't want that.

No hay mal que por bien no venga!!!

If both you and your Dominican husband are in agreement to divorce, you won't need to come down. You'll have to go grant a POA to an attorney here to represent you in a Dominican Mutual Consent Divorce. Of course, you'll need your husband's cooperation here in the D.R. to appear in the presence of a Notary Public to draw up the stipulations for the divorce.

As Said Earlier

Fabio J. Guzman said:

...you'll need your husband's cooperation....

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need = pay for it

m'frog