Divorce - without consent?

Talldrink

El Mujeron
Jan 7, 2004
2,209
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I just heard a story and need some validation from someone who may know for sure.

This guy lives is in FL and the wife moved to DR. Supposedly the guy got a divorce in the USA and just sent her the final decree to the DR ? she is saying that the divorce has been granted and is final. However, prior to this, she has never signed anything. This is the story she is telling my friend in DR?

I think that what he really sent her was the divorce order for her to sign and send back in order to make it final. For some reason, she doesn?t want to sign it though!

Question: If this is the divorce order and she doesn?t sign, then essentially they are NOT divorced yet, correct? It is my understanding that they are not divorced until she signs it and sends back ? then they get a final ruling which is signed by a judge and thats the final judgement.

However, let?s say she never signs ? she can?t really keep this guy from divorcing her, can she? If she doesn?t sign the paperwork, can he eventually get a settlement of the case if he doesn?t hear from her?
 

korejdk

Bronze
Dec 29, 2006
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Most states have the "No fault divorce law" where a signature is not required ( papers still have to be served )
 

ExtremeR

Silver
Mar 22, 2006
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She is divorced, more likely they put an ad in the local newspaper for 1 week announcing he will divorce her (stated by full names) and for her to please show up at the court by an specific date, in which if she doesn't go the judge will grant the guy the divorce due to no-show and dissapearing in her part.
 

Talldrink

El Mujeron
Jan 7, 2004
2,209
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Thanks guys.

Another question, I heard comflicting stories about the speedy divorces in DR. is it true that they are not granting same-day divorces in DR anymore? Also, can only one party be present for that?
 

AnnaC

Gold
Jan 2, 2002
16,050
418
83
A 1 day divorce takes about 15 days for the paper preperation. More info here DR1 - Legal

One spouse needs to be present in the DR and the Divorce has to be by mutual consent
 

socuban

New member
Nov 24, 2002
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I personally know of a person that did a so-called 1 day divorce (it actually took 10 days) many years ago when divorcios "al vapor" was popular, and illegal. A "lawyer" drafting the divorce decree and publishing it in the paper was all it took. The other party didn't even know what hit them.

The divorce documents worked; she went on to re-marry with an American and gain her US citizenship.
 

Talldrink

El Mujeron
Jan 7, 2004
2,209
42
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I personally know of a person that did a so-called 1 day divorce (it actually took 10 days) many years ago when divorcios "al vapor" was popular, and illegal. A "lawyer" drafting the divorce decree and publishing it in the paper was all it took. The other party didn't even know what hit them.

The divorce documents worked; she went on to re-marry with an American and gain her US citizenship.

Socuban, what do you mean it was illegal? if it worked, then I guess it wasnt illegal after all?
 

socuban

New member
Nov 24, 2002
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My understanding at that time ~ 8 years ago in the DR, was that both parties had to appear before a magistrate in order to get a divorce decree.

This person did not inform the spouse prior to, but by means of a newspaper advert announcing the finalized divorce afterwards.

That's why I believe the divorce was illegal, although probably not uncommon around that time period and carried the popular nick of "divorcio al vapor".
 

PrincesseEm

New member
Dec 2, 2008
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How do you confirm mutual consent if both parties are not present? Signed affidavit from the party who is not physically present? Seems like an awfully grey area to me...what's to stop anyone from just walking into the courthouse in SD and stating that his/her spouse agrees that they want a divorce?
 

need2know

New member
Feb 23, 2009
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Providing consent

What if my spouse (in the DR) is handling it without an attorney (for either of us)? By what means do I provide my consent from the US?
 
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Shiraz72

Bronze
Feb 10, 2010
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I don't know about American divorce laws but its possible to get a divorce in Canada without consent of the other party if you can get a judge to waive order of service. To do this, you have to complete affidavits indicating that you are unaware of the other party's wereabouts or for other grounds like if there was abuse or abandonment etc....
 

greydread

Platinum
Jan 3, 2007
17,477
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I just heard a story and need some validation from someone who may know for sure.

This guy lives is in FL and the wife moved to DR. Supposedly the guy got a divorce in the USA and just sent her the final decree to the DR – she is saying that the divorce has been granted and is final. However, prior to this, she has never signed anything. This is the story she is telling my friend in DR…

I think that what he really sent her was the divorce order for her to sign and send back in order to make it final. For some reason, she doesn’t want to sign it though!

Question: If this is the divorce order and she doesn’t sign, then essentially they are NOT divorced yet, correct? It is my understanding that they are not divorced until she signs it and sends back – then they get a final ruling which is signed by a judge and thats the final judgement.

However, let’s say she never signs – she can’t really keep this guy from divorcing her, can she? If she doesn’t sign the paperwork, can he eventually get a settlement of the case if he doesn’t hear from her?

After one year of a spouse leaving the remaining Florida resident spouse can file for divorce on grounds of abandonment. Most other States have "Desertion and Abandonment" provisions and the length of time varies from two months to one year (physical separation with no cohabitation).

(In some States simply refusing to have sexual relations with a spouse is grounds under the abandonment rule, even if both parties live under the same roof)

Only the complainant and the court need to sign off on this. The divorce which results is accepted in all 50 States and the US territories as final.