i would like to get married before the 10 months... is it posible?

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elnegro

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Hi Im Canadian and would like to get married in Dominican republic. The problem is that the dominicans law says that a divorced woman has to wait 10 months before getting married again in case of shes pregnant. This is my case, im divorced since one month and a half. I have a medical proof of my non pregnancy. Can i get married? Is it possible for a juge to wave this? Can a lawyer help me? Is it helping if im barren?

Thanks
 
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AnnaC

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Jan 2, 2002
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This is what is writing in the legal page http://dr1.com/legal/family/fastdivorce.shtml

How soon can a Dominican woman remarry after a divorce?
Art. 35 of Divorce Law 1306-bis of 1938 establishes that a Dominican woman needs to wait ten months after her divorce is final. The only exception is when she is remarrying her previous husband.

This archaic provision comes from the article 228 in the French Napoleonic Code of 1804, a time when pregnancy tests did not exist and therefore confusion could result regarding the paternity of any child born soon after the new marriage. It is stupid and outdated, etc. but, unfortunately, it’s the law.


If it applies to foreign woman maybe Mr Guzman will tell us.
 
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elnegro

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ok thanks AnnaC i think its the case because on the governement of Canada, its saying this. I thought too it was fot dominican woman.
 
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AnnaC

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Here's the info for getting married in the DR

<TABLE border=0 cellSpacing=4 cellPadding=4 width="100%"><TBODY><TR><TD colSpan=3>Getting Married </TD></TR><TR><TD colSpan=3>Most resort hotels that offer wedding packages will help you to complete the paperwork for a marriage.

Marriage requirements:

The Dominican Republic does not require you to get a marriage license. You need only to register to be married. The Oficialia del Estado Civil charges RD$50 for this. This is the first step prior to getting a marriage certificate.

Submit the following paperwork before the Oficial?a del Estado Civil for the preparation of your marriage certificate. Note that you may send photocopies in advance and bring the original with you:

Passport
Birth certificate
Single status affidavit translated by an official translator into Spanish
Divorce certificate translated into Spanish by an official translator, if applicable

(Legal transcripts of the birth certificates, single status affidavit and divorce act need to be prepared at the Dominican consulate in the country where the documents were issued.)

You will also need two witnesses. If they are foreigners, they will need to have passports as identification. If they are Dominicans, "cedulas" are sufficient.

People who have been divorced in the DR under the Special Divorces Law need to wait 24 hours prior to getting married.

II. After the marriage:

You will be given a document that proves the wedding took place. You then need to request a marriage certificate from the ?Oficial de Estado Civil? (City Clerk) that married you.

Marriage certificate validity abroad

The document issued by ?Oficial de Estado Civil? (City Clerk) is a valid marriage certificate.

Nevertheless, in case you are considering a name change or applying for a visa for one of the spouses, you may consider validating the marriage certificate at your consulate in the DR. If this is your case, ask your hotel if they can help you handle this part as part of the marriage package or for an additional fee. This process needs to be carried out by the corresponding foreign-based authorities or in the DR as follows:

First you will need a legal transcript of the marriage act that is issued in Spanish. This needs to be done by an official legal translator (authorized by the Supreme Court of Justice). Then have the transcript legalized by the Attorney General Office (Procurador General de la Nacion) and by the Legal Department (Legalizaciones) of the Ministry of Foreign Relations (in Santo Domingo). Next step is to take it to the corresponding consulate where they will verify the signature of the Ministry of Foreign Relations, validating the marriage certificate in the foreign language. This procedure could take a month.

</TD></TR></TBODY></TABLE>
 
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AnnaC

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It's all as clear as mud though because our Government site says it applies to Canadian woman as well and the wait time is 9 months:surprised

Marriages
 
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elnegro

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Mar 30, 2011
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yes AnnaC thats the webpage i saw and it freaked me. Wish i could get help on this...
 
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elnegro

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the thing i dont understand is that people can get married 24 hours after a fast divorce so the law doesnt apply for them???
 
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dalila05

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i got married 5 weeks after i got divorced!and i did not bribe the judge.
mariage was valided without issue and my husband got his visa easily.
in not a specialist with dominican law but i heard this law was applicable with dominican only.
 
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Fabio J. Guzman

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Jan 1, 2002
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Art. 35 of Dominican Divorce Law #1306bis states the following: “A divorced woman shall not marry again before ten months have elapsed from the time the divorce has become final, unless she marries the same husband she divorced.”

As I have said, this is an exact translation of article 228 of the French Civil Code of 1804, a time when pregnancy tests did not exist and therefore confusion could result regarding the paternity of any child born soon after the new marriage.

The prohibition applies both to Dominican and foreign women, as it did in France before the prohibition was eliminated (cf. ruling of the Paris Court of Appeal dated Feb. 13, 1872).

However, a marriage done within the 10-month period is not invalid for that reason alone. The legal sanction to noncompliance consists only in the application of a fine to the “civil officer” (“oficial de estado civil”) who officiated the wedding. The fine, pursuant to Art. 194 of the Penal Code, may amount from twenty to a hundred pesos.

Thus, if you can find an "oficial de estado civil" who will marry you, go ahead. Otherwise, marry abroad.

Also, based on the purpose of the statute, the authorities should waive the requirement with the presentation of a negative pregnancy test. I'm saying "should", not that they will, knowing the ways of the bureaucrat.
 
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Ken

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Fabio J. Guzman said:
Also, based on the purpose of the statute, the authorities should waive the requirement with the presentation of a negative pregnancy test. I'm saying "should", not that they will, knowing the ways of the bureaucrat.
Click to expand...

The certificate plus, let's face it, a "fee" will improve your chances of getting the waiver.
 
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AnnaC

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Thank you Mr Guzman for your quick response.

According to what you have posted we should then delete what the poster Pichardo has added to this thread http://www.dr1.com/forums/legal/113866-mr-guzman-could-you-please-clarify.html. We don't want any misleading and confusing information here.;)

So again, you are saying that any foreign woman that obtained her divorce in her own country ( in this case Canada where it's perfectly legal to re marry a month later) needs to follow the above rules if she plans to marry in the DR to a different man.
 
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Ken

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Jan 1, 2002
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AnnaC said:
Thank you Mr Guzman for your quick response.

According to what you have posted we should then delete what the poster Pichardo has added to this thread http://www.dr1.com/forums/legal/113866-mr-guzman-could-you-please-clarify.html. We don't want any misleading and confusing information here.;)

So again, you are saying that any foreign woman that obtained her divorce in her own country ( in this case Canada where it's perfectly legal to re marry a month later) needs to follow the above rules if she plans to marry in the DR to a different man.
Click to expand...

Anna, you shortened Fabio' answer too much, leaving out something important: "Thus, if you can find an "oficial de estado civil" who will marry you, go ahead. Otherwise, marry abroad."

In other words, the divorced woman must wait 10 months to remarry in the DR unless she finds an "oficial de estado civil" who will perform the ceremony.

To help others, I think what still needs to be known is who is considered to be an "oficial de estado civil".
 
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AnnaC

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Ken2 said:
Anna, you shortened Fabio' answer too much, leaving out something important: "Thus, if you can find an "oficial de estado civil" who will marry you, go ahead. Otherwise, marry abroad."

In other words, the divorced woman must wait 10 months to remarry in the DR unless she finds an "oficial de estado civil" who will perform the ceremony.

To help others, I think what still needs to be known is who is considered to be an "oficial de estado civil".
Click to expand...

Thanks Ken, I just wondered if it makes a difference what country one obtained their divorce as per Pichardo's post and if that is all wrong then that whole thread started by me should be deleted so not to cause any confusion.

And someone should change the wording in the legal page where it states that this rule to for Dominican women

How soon can a Dominican woman remarry after a divorce?
Art. 35 of Divorce Law 1306-bis of 1938 establishes that a Dominican woman needs to wait ten months after her divorce is final. The only exception is when she is remarrying her previous husband.
 
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Matilda

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However, a marriage done within the 10-month period is not invalid for that reason alone. The legal sanction to noncompliance consists only in the application of a fine to the “civil officer” (“oficial de estado civil”) who officiated the wedding. The fine, pursuant to Art. 194 of the Penal Code, may amount from twenty to a hundred pesos.

Wish I had known this when I was married in the DR some 6 years ago. It was only 3 months after my divorce had been finalised and the judge said no problem, that it only applied to Dominican women. The day before the wedding, with 120 guests coming, food sorted, drink sorted, flowers en route, cake baked, it suddenly became a problem. Resolved by paying significantly more than Article 194 states!

matilda
 
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baby bori

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Interesting how when you pay above the stated standard fee you're able to resolve things more fluently.
 
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Shiraz72

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Feb 10, 2010
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Is the marriage considered "legal"

My question to Mr. Guzman is, if you are able to get an official to waive the 10 month period by providing a negative pregnancy test and get married, will the marrige be considered "legal" in the DR. Because Immigration Canada's website indicates that the marriage must be considered legal in the country in which it was performed. I assume once a marriage is performed by an official willing to accept the "fine" and the marriage is recorded in the register, marriage certificate issues etc... that this would indicate that it's legally valid?
 
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Ken

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Jan 1, 2002
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Shiraz72 said:
My question to Mr. Guzman is, if you are able to get an official to waive the 10 month period by providing a negative pregnancy test and get married, will the marrige be considered "legal" in the DR. Because Immigration Canada's website indicates that the marriage must be considered legal in the country in which it was performed. I assume once a marriage is performed by an official willing to accept the "fine" and the marriage is recorded in the register, marriage certificate issues etc... that this would indicate that it's legally valid?
Click to expand...

I suggest starting a new thread in the legal section with your question. Chances are better it will be seen by Fabio.
 
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