Are divorces/custody agreements valid in the DR?

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Shelley

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I foolishly married and had a child with a Dominican. It was not so horrible for a while (a couple years) but did not end well. We married in the DR but divorced in Canada (where we both live) but I have heard our Canadian divorce is not valid in the DR and that we would still be considered married there, essentially invalidating our custody agreement too. Is this true? And, if so, where can I find an english version of the law? Although I have full custody here, he wants to go to court to get an order that forces me to let him take our son to the DR. I have valid fears that if I did, I would be wrapped up in a legal battle down there to get him back so will fight hard on this end so it doesn't happen.

Any advice or links that I can show the court (if it comes to that) regarding the validity of our Canadian agreement there?
Can I send my Canadian divorce/custody agreement there to get it registered somehow there??
 
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Jaime809

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Aug 23, 2012
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As a strongly Catholic country, the marriage may need to be annulled to be complete (abortion is illegal, but as with many things, the rich can get it done).
 
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KateP

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May 28, 2004
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Your divorce in Canada should be legal in the DR. I would suggest contacting the Dominican authorities in Canada. They can also do a translation of your documents and probably notarize them so you have them ready to go if necessary. Also, your child would need a passport to travel to the DR. If he doesn't already have one, the father would need your signature to request one. Another option you have if your child doesn't yet have a Canadian passport is to register him with Passport Canada so that if the father tries to falsify your signature, they would already have an alert. Here are some links that could be useful.

Bienvenue - Passeport Canada / Welcome - Passport Canada
Welcome to the Consulate General of the Dominican Republic in Toronto
 
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windeguy

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Jul 10, 2004
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A US divorce is legal in the DR. I see no reason why a Canadian divorce would not be legal, but a lawyer can easily tell you this.
 
hammerdown

hammerdown

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My question is what court is he going to??? The DR courts have no jurisdiction in Canada, and if you have custody, a Canadian court will not force you to do anything.....let him blow as much smoke as he can, and tell him to go pay his money (which he probably doesn't have) on a lawyer and a court to get a piece of paper worth nothing........call his bluff....
 
bronzeallspice

bronzeallspice

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To the OP: you MUST register the divorce decree in the DR in order for the divorce to be recognized.

Your husband is right. Since you got married in the DR the courts will not recognize the divorce until
it's registered. In the DR you are still married.
 
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charlise

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Nov 1, 2012
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Best tip of all: Don't let him take your child away from you, not even for a little visit in the DR.... Don't play with fire otherwise you will get burned....
 
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Shelley

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thanks everyone. I have his passport and Nexus both hidden. Hammerdown, your thinking is the same as mine. He is blowing smoke because he just found out I was in a serious relationship with someone else. He has 2 nights visitation rights that he does not exercise here so how he thinks he can get more to go away is beyond me. I am just trying to get my facts straight for if it comes to it.
 
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Shelley

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bronzeallspice said:
To the OP: you MUST register the divorce decree in the DR in order for the divorce to be recognized.

Your husband is right. Since you got married in the DR the courts will not recognize the divorce until
it's registered. In the DR you are still married.
Click to expand...

Hi..do you know a website where I can find this information? I would like to present it to the courts here if I had to
 
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Matilda

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You need to register the divorce at the Junta Electoral. You will also need to arrange for the publication of the divorce in a national newspaper which isn't expensive. I suggest you contact a lawyer here to do it for you.
Regarding the child I would never let him bring your child to the DR with or without you as he could keep them here until such time as you managed to get the court here to let you take them back again.
Matilda
 
bronzeallspice

bronzeallspice

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Shelley said:
Hi..do you know a website where I can find this information? I would like to present it to the courts here if I had to
Click to expand...

I do not know of a website for this info but wait for Guzman's response and he can direct you.

I speak from experience because it happened to a friend of the family. In the same way that
if someone were to marry and divorce in the DR the divorce decree must be registered in the
US(courts) in order to be recognized.

There was this couple that I know of. They got a divorce in the DR and then moved to the US
but because they never registered the divorce decree through the courts, it was not recognized
and years later when the "ex husband" who had purchased a home wanted to sell the home
she found out that since the divorce was not registered she was still married in the US and
entitled to half of the home. So she got a lawyer and found out that it was true. Also there
is a certain amount of time to do this.
 
bronzeallspice

bronzeallspice

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Mar 26, 2012
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Just like the Dominican court has no jurisdiction in the US the US court has no jurisdiction in the DR.


Matilda on post # 11 has given the place on where the divorce decree must be registered.
 
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Criss Colon

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yahoomail.com
Have you ever thought about publishing a "Guide Book For ALL Women Who Want To Marry a "Dominicano"????????
I have gone back and read a FEW of your previous posts, starting in 2004.
"WOW"!!!!!!!!!
It would certainly go in the "DRAMA SECTION" of book stores!
This guy has been like "Fly Paper" for you!
I hope you get "Unstuck" soon!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
 
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pauleast

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Jan 29, 2012
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Getting married is never a good idea, unless you like giving money to someone you hate when it ultimately ends.
 
hammerdown

hammerdown

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Shelley I'm guessing this guy isn't paying any child support......if not, let him know that you will take him to child welfare and they will come after him. He won't be able to renew his passport, and if he has a Canadian license that will be suspended until he pays up....go on the offensive .....
 
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pauleast

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Jan 29, 2012
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hammerdown said:
Shelley I'm guessing this guy isn't paying any child support......if not, let him know that you will take him to child welfare and they will come after him. He won't be able to renew his passport, and if he has a Canadian license that will be suspended until he pays up....go on the offensive .....
Click to expand...

Wow....Such a pleasant way to began a child's family life.......unfortunately its the reality.
 
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Criss Colon

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It's "Hammerdown" Time!!!!!!!
Good call!
I was just "On Line" to renew my US passport.
They said it will not be renewed if you have court ordered chlid support payments, "In "Arears"!!!!!!
GOOD!
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Shelley

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Oct 16, 2004
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Criss Colon said:
Have you ever thought about publishing a "Guide Book For ALL Women Who Want To Marry a "Dominicano"????????
I have gone back and read a FEW of your previous posts, starting in 2004.
"WOW"!!!!!!!!!
It would certainly go in the "DRAMA SECTION" of book stores!
This guy has been like "Fly Paper" for you!
I hope you get "Unstuck" soon!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
Click to expand...

hahaha actually I have thought about that! I am a very vocal opponent whenever I hear of someone wanting to do the same. To be honest, we did have some good times and he wasn't as horrible as he could have been but definitely not my smartest decision in life. The only way I will be unstuck is if he moves back (God willing it happens soon!!) as he tends to follow me and my life a little too closely here.
 
S

Shelley

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Oct 16, 2004
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hammerdown said:
Shelley I'm guessing this guy isn't paying any child support......if not, let him know that you will take him to child welfare and they will come after him. He won't be able to renew his passport, and if he has a Canadian license that will be suspended until he pays up....go on the offensive .....
Click to expand...

Surprisingly, he does for the most part. There have been a couple months he shorted me what is court ordered and he doesn't pay as much as he should (I agreed to lower amount to get full custody) but the amount he shorts is not worth opening the fight again. IF he takes me to court for anything, I can go back 2 years and get it so I am keeping that card in my back pocket
 
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