please help

M

michelle

Guest
Does anyone know of justice of the peace or judges in POP that will do civil wedding.
We are being told that there is only the one judge in POP that does the weddings and we have gone to see him but he refuses to do the wedding as I am divorced and he says there is a law that i must wait a 10 month waiting period after the divorce was final to marry???

If anyone knows of anyone that can help please let me know.
thankyou
michelle
 

Dolores1

DR1
May 3, 2000
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It is not true you have to wait a 10 month period after finalizing a divorce. If you have your final divorce papers you only need to present these.

Marriage paperwork:

Marriage license requirements:
Passport
Original birth certificate
Single status affidavit in Spanish
Divorce Act in Spanish
(Legal transcripts of the single status affidavit and divorce act can be prepared at the Dominican consulate nearest your residence.)
You will also need two witnesses. If these are foreigners, they will need to identify themselves with their passports. If they are Dominicans, "c?dulas" are sufficient.
 
M

michelle

Guest
Thank you so much for your quick response!
Now how do i convince this judge?
Do you have anything in writing that i can give him?
Thanks Michelle
 
M

MARIANA

Guest
Michelle. If the judge from POP is giving you a hard time, why don't you try one on Santiago or maybe Sosua? I am sure Fabio Guzman could help you he is always around and is supposed to be
very helpful. Good luck. Selva
 
H

helen

Guest
Hola Michelle,
You could also go the Justice of the Peace in Imbert. They are not as busy there. I did and was able to get married that same day. But, I also had documentation stating single status from the Cdn Consulate.
 
M

michelle

Guest
Thanks to all for your help. What is the place like that this justice of the peace has to marry people. We have about 100 people coming to this wedding...Is it a big enough place?
michelle
 
F

Fabio J. Guzm?n

Guest
Art. 35 of Divorce Law 1306-bis of 1938:

?La mujer divorciada no podr? volver a casarse sino diez meses despu?s que el divorcio haya llegado a ser definitivo, a menos que su nuevo marido sea el mismo de quien se ha divorciado.?

Translating and paraphrasing:

"A divorced woman can only remarry ten months after her divorce has been final, the only exception being when she is remarrying her old husband."

This archaic provision is derived from the article 228 in the 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.
 
M

michelle

Guest
So is there anyway around this law? Can a pregnancy test be done to prove that you are not pregnant at the time of marriage? Then an avidavit swearing that you are not pregnant? There has to be some way around this. What do I do now? This is a complete mess.
Michelle
 
T

Tom

Guest
Michelle:

If you are asking Attorney Guzman this question, you may wish to rephrase. Being an attorney he can't advise you to "go around the law," maybe a request for an alternative method would be more appropriate.

don't take this as criticism, just experience that an attorney has to be careful in his/her choice of words

Tom
 
M

michelle

Guest
Thanks a lot to all those who responded and yes Tom, oops I guess that was quite silly on my part. I was in a bit of a panic, but not to worry everything has been resolved!

I guess there will be a wedding!!

Thanks once again
Michelle