Divorce procedure

M

Moro

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Jul 28, 2017
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I have not seen many posts on this subject. I was wondering if anyone knows the divorce procedure in DR between Foreign resident & Dominican national;

1) The cost of divorce for both mutual consent & incompatibility of character.

2) The timeframe for both of the above

3) The cost of contesting a divorce and acceptable reasons for contesting

4) The time frame in contesting a divorce such as; how long do you have to file your application to contest and how long does the process take for an outcome.

5) Any other useful information with regards to the actual process of all the above.

regards

M
 
M

Matilda

RIP Lindsay
Sep 13, 2006
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1) The cost of divorce for both mutual consent & incompatibility of character.

Both the same price and costs will vary depending on the lawyer - from around US$600 to US$1000. Do not pay all up front as many lawyers will take the money and run.

2) The timeframe for both of the above

Around 6 months. More in election times. Allow delays for Christmas and Easter and recently there was a 2 month delay as the Registro Civil was waiting for new papers to print divorces.

3) The cost of contesting a divorce and acceptable reasons for contesting

There are rarely if ever contests of divorce. If one wishes to divorce then you divorce. I have never known any contesting it.

4) 4) The time frame in contesting a divorce such as; how long do you have to file your application to contest and how long does the process take for an outcome.

see 3, above.

5) Any other useful information with regards to the actual process of all the above.

The process is that you provide passport copy of foreigner, cedula front and back of Dominican, marriage cert and then the lawyer/notary draws up the petition. It goes to court where the sentence is pronounced. Then goes to civil registry where it waits a statutory 60 days (that might be shorter now following new divorce law) and is published in the national newspaper. Then the certificate is issued.

Any more info needed pm me.

Matilda
 
JD Jones

JD Jones

Moderator:North Coast,Santo Domingo,SW Coast,Covid
Jan 7, 2016
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Matilda said:
1) The cost of divorce for both mutual consent & incompatibility of character.

Both the same price and costs will vary depending on the lawyer - from around US$600 to US$1000. Do not pay all up front as many lawyers will take the money and run.

2) The timeframe for both of the above

Around 6 months. More in election times. Allow delays for Christmas and Easter and recently there was a 2 month delay as the Registro Civil was waiting for new papers to print divorces.

3) The cost of contesting a divorce and acceptable reasons for contesting

There are rarely if ever contests of divorce. If one wishes to divorce then you divorce. I have never known any contesting it.

4) 4) The time frame in contesting a divorce such as; how long do you have to file your application to contest and how long does the process take for an outcome.

see 3, above.

5) Any other useful information with regards to the actual process of all the above.

The process is that you provide passport copy of foreigner, cedula front and back of Dominican, marriage cert and then the lawyer/notary draws up the petition. It goes to court where the sentence is pronounced. Then goes to civil registry where it waits a statutory 60 days (that might be shorter now following new divorce law) and is published in the national newspaper. Then the certificate is issued.

Any more info needed pm me.

Matilda
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I'm JDJones and I approve this message..


Matilda pretty much covered it. I think I paid my lawyer around 800 bucks. Same lawyer for both of us.
 
C

cavok

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Jun 16, 2014
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You can contest a divorce but, in the end, the other person can divorce you whether you want the divorce or not - you just complicate and delay the process.

The divorce can also be contested if the parties do not agree to the divorce settlement terms. Usually happens when the wife and her attorney think she's entitled to "x" and the husband thinks she should only get "y".
 
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M

Moro

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Jul 28, 2017
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cavok said:
You can contest a divorce but, in the end, the other person can divorce you whether you want the divorce or not - you just complicate and delay the process.

The divorce can also be contested if the parties do not agree to the divorce settlement terms. Usually happens when the wife and her attorney think she's entitled to "x" and the husband thinks she should only get "y".
Click to expand...

Very interesting, any ideas of how long the delays could take? also in terms of money what is this in dominican pesos.
 
C

cavok

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Depending on all the particulars of the divorce settlement, I'm guessing a good lawyer could run the other party around for a year, or more. Court rulings can be appealed and, in the end, one could disappear and a divorce for abandonment would have to be filed. Really need to talk to a good divorce lawyer about that.

I think the prices mentioned in the other posts are a good average - $600 to $1000. Usually, the one that files for divorce will pay more. Each party must pay for their own attorney.

The fees and expenses for contesting a divorce could vary widely depending on the lawyer and how much is involved.
 
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