Can I get a divorce in DR?

Kat Reyes

Member
Aug 27, 2013
39
1
8
See, I do not qualify for the abandonment divorce because of this. see the red part. He does not live here in NYC

Residency and Grounds
Before you file for a divorce in New York State, you must (1) meet the residency requirement, and (2) have a "ground" for the divorce; a legally acceptable reason for the divorce.



Residency Requirement
There are a few ways to meet the residency requirement of New York State:

  • Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
  • Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State;
  • Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.



The Grounds
There are seven grounds, legally acceptable reasons, for a divorce in New York State:

  1. irretrievable breakdown in relationship for a period of at least 6 months
    This ground is usually called a no-fault divorce. To use this ground, the marriage must be over for at least 6 months, and all economic issues, including debt, how the marital property will be divided, and custody and support of the children have been settled.
  2. cruel and inhuman treatment
    To use this ground, the Judge will be looking for specific acts of cruelty that happened in the last five years. It is not enough that you and your spouse had arguments or did not get along. The cruelty must rise to the level that the Plaintiff is physically or mentally in danger and it is unsafe or improper for the Plaintiff to continue living with the Defendant.
  3. abandonment
    To use this ground, the spouse must have abandoned the Plaintiff for at least one year or more. Two examples of abandonment: where the spouse physically leaves the home without any intention of returning or where the spouse refuses to have sex with the other spouse, this is called "constructive" abandonment.
  4. imprisonment
    To use this ground, the spouse must have been in prison for 3 or more years in a row. The spouse must have been put into prison after the marriage began. The Plaintiff can use this ground while the spouse is in prison or up to 5 years after the spouse was released from prison.
  5. adultery
    To use this ground, the Plaintiff must show that the spouse committed adultery during the marriage. This ground can be hard to prove because evidence from someone besides the Plaintiff and spouse is needed.
  6. divorce after a legal separation agreement
    To use this ground, the Plaintiff and Defendant sign and file a valid separation agreement and live apart for one year. The separation agreement must have specific requirements included to be valid.
  7. divorce after a judgment of separation
    This ground is not used very often. To use this ground, the Supreme Court draws up a judgment of separation and the married couple live apart for one year.
 

jd426

Well-known member
Dec 12, 2009
7,852
446
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$5000 dollars?? I don't have it. i wish. thanks though
That is why Opening up your Facebook page to "friends of friends". is much cheaper..

So you mean to tell me there is not ONE friend of yours on FB, who he knows ?
maybe you need to add a couple then ..
It would be a lot cheaper than finding him with a private Detective .

pardon me for saying this, but you sound a little naive .. or you are putting us on.

The only chance you have , since you claim you dont even have $5 K., ( which imo is chump change for a Divorce, and to be Free of someone )
is to Pretend you have the money . Lots of it
but what do we know .. some of us are only married to Dominicans, and been observers of their Culture and how they operate for Decades ..
 

Kat Reyes

Member
Aug 27, 2013
39
1
8
That is why Opening up your Facebook page to "friends of friends". is much cheaper..

So you mean to tell me there is not ONE friend of yours on FB, who he knows ?
maybe you need to add a couple then ..
It would be a lot cheaper than finding him with a private Detective .

pardon me for saying this, but you sound a little naive .. or you are putting us on.

The only chance you have , since you claim you dont even have $5 K., ( which imo is chump change for a Divorce, and to be Free of someone )
is to Pretend you have the money . Lots of it
but what do we know .. some of us are only married to Dominicans, and been observers of their Culture and how they operate for Decades ..
I married him over 15 years ago closer to 18. I didn't even have facebook back then. We had one mutual friend and she says she has no clue where he is. As far as sounding naive that sounds a bit harsh, because this is a public forum i gave as much information that I feel comfortable posting given that some people can be judgmental without offering sound advice.

But to add a bit more info, He was barely in the US long enough to make many friends. When he first left I went to where he worked and spoke to the guys in there (it was a barber shop) they were the ones who told me he left to DR to avoid deportation. But I can admit that the choice to marry him back then was a really dumb idea.

Maybe to you $5000 dollars is nothing, but you don't know my situation or my economic status ( so yes, your opinion).

I came on here hoping that someone would have an answer as to if I get divorced in DR would it be recognized here in NYC and if so what steps would I need to take to get it recognized not to be judged and called names.

I also thought someone would have some advice on how I could possibly find him if I were to go to DR for a few weeks as I said I have family there.
 

johne

Well-known member
Jun 28, 2003
3,332
203
63
I married him over 15 years ago closer to 18. I didn't even have facebook back then. We had one mutual friend and she says she has no clue where he is. As far as sounding naive that sounds a bit harsh, because this is a public forum i gave as much information that I feel comfortable posting given that some people can be judgmental without offering sound advice.

But to add a bit more info, He was barely in the US long enough to make many friends. When he first left I went to where he worked and spoke to the guys in there (it was a barber shop) they were the ones who told me he left to DR to avoid deportation. But I can admit that the choice to marry him back then was a really dumb idea.

Maybe to you $5000 dollars is nothing, but you don't know my situation or my economic status ( so yes, your opinion).

I came on here hoping that someone would have an answer as to if I get divorced in DR would it be recognized here in NYC and if so what steps would I need to take to get it recognized not to be judged and called names.

I also thought someone would have some advice on how I could possibly find him if I were to go to DR for a few weeks as I said I have family there.
I don't see one reply here that was judging you or called you names. Not one. All I see are great documents, advise and help. All free. Let me be the first to critize you and judge you. You came here asking for help. Ok. You have no money. Ok. we get it. What are YOU doing about helping yourself or getting other free legal help?? Coming here for two weeks is meaningless. All you need to your computer and hours of trying to find the answer until you have exhausted every clue, idea, person that can give you help. Accept the fact that YOU want this. You. You do the work and don't be crybaby. And good luck to you. It can be done.
 
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Kat Reyes

Member
Aug 27, 2013
39
1
8
I don't see one reply here that was judging you or called you names. Not one. All I see are great documents, advise and help. All free. Let me be the first to critize you and judge you. You came here asking for help. Ok. You have no money. Ok. we get it. What are YOU doing about helping yourself or getting other free legal help?? Coming here for two weeks is meaningless. All you need to your computer and hours of trying to find the answer until you have exhausted every clue, idea, person that can give you help. Accept the fact that YOU want this. You. You do the work and don't be crybaby. And good luck to you. It can be done.

I have been online searching and have also reached out to a friend of mine who works in a lawyers office here in NY so that she may guide me in the right direction as far as legal advice. And I was referring to YOU when you called me naive! I'm not crying and for your information, if i came on here looking for advice obviously I have a computer and I am looking/researching for ways I can get this done. Furthermore, I contacted several lawyers here and one in DR. So you don't need to say that I am not trying to get this resolved because I AM THE ONE THAT wants this. I know this and I am looking at all avenues, this just happened to be ONE place I decided to come to for information because I was told that a divorce can be obtained in DR ( by a lawyer in DR) but that first I need to know if it will be recognized here in NYC.
 

NanSanPedro

Well-known member
Apr 12, 2019
866
526
113
I married him over 15 years ago closer to 18. I didn't even have facebook back then. We had one mutual friend and she says she has no clue where he is. As far as sounding naive that sounds a bit harsh, because this is a public forum i gave as much information that I feel comfortable posting given that some people can be judgmental without offering sound advice.

But to add a bit more info, He was barely in the US long enough to make many friends. When he first left I went to where he worked and spoke to the guys in there (it was a barber shop) they were the ones who told me he left to DR to avoid deportation. But I can admit that the choice to marry him back then was a really dumb idea.

Maybe to you $5000 dollars is nothing, but you don't know my situation or my economic status ( so yes, your opinion).

I came on here hoping that someone would have an answer as to if I get divorced in DR would it be recognized here in NYC and if so what steps would I need to take to get it recognized not to be judged and called names.

I also thought someone would have some advice on how I could possibly find him if I were to go to DR for a few weeks as I said I have family there.
What about Legal Aid? They should be able to help you for a fraction of $5000. I haven't used them in ages but that is how I got my divorce in California.
 

Kat Reyes

Member
Aug 27, 2013
39
1
8
What about Legal Aid? They should be able to help you for a fraction of $5000. I haven't used them in ages but that is how I got my divorce in California.
Thank you, yes my friend who works in a lawyers office just sent me that information last night and I am going to call on Monday. Thank you.
 

slowmo

Active member
Aug 1, 2016
409
92
28
Where did you get married? What is his name? Do you know the names of any of his relatives? Do you know the names of any of his friends? Do you know his home town?
 

Kat Reyes

Member
Aug 27, 2013
39
1
8
Where did you get married? What is his name? Do you know the names of any of his relatives? Do you know the names of any of his friends? Do you know his home town?
I got married here in NYC. He was born in Bonao, I do not know his relatives as none of them were with him when he was in in NYC I do not know his friends, he only had a few acquaintances here in NYC the short time he was here. I'm not sure if I should post his name here.
 

bienamor

Kansas redneck an proud of it
Apr 23, 2004
4,857
312
83
Thank you, yes my friend who works in a lawyers office just sent me that information last night and I am going to call on Monday. Thank you.
I assume that your friend that works in a lawyers office could find out in the divorce done in the DR would be recognized in the state of New York. Or when your talking to legal aid ask them should be an none cost question while you have them on the phone
 

johne

Well-known member
Jun 28, 2003
3,332
203
63
I have been online searching and have also reached out to a friend of mine who works in a lawyers office here in NY so that she may guide me in the right direction as far as legal advice. And I was referring to YOU when you called me naive! I'm not crying and for your information, if i came on here looking for advice obviously I have a computer and I am looking/researching for ways I can get this done. Furthermore, I contacted several lawyers here and one in DR. So you don't need to say that I am not trying to get this resolved because I AM THE ONE THAT wants this. I know this and I am looking at all avenues, this just happened to be ONE place I decided to come to for information because I was told that a divorce can be obtained in DR ( by a lawyer in DR) but that first I need to know if it will be recognized here in NYC.
As I said in closing this morning, I wish you the best of luck. I'm not a lawyer, or a person that "works in a lawyer's office", but I do know this: EVERY lawyer in the DR will say you "can get a divorce there". EVERY lawyer in the DR.will take your consultation fee. I'll add to the bag of free advise. The question you want answered is: How do I get an uncontested or "unilateral" divorce?. How long will the process take and what are the associated costs for a "unilateral" divorce procedure". You can ask any lawyer this information and get an estimated cost OR you can understand the entire process and do it yourself for only the costs of the filings, and the public notice advertisement. I repeat. I'm not a lawyer and I'm here to tell you You can do this yourself with a great deal effort and small amount of money.
 

carlos

Super Moderator
Staff member
May 29, 2002
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I got married here in NYC. He was born in Bonao, I do not know his relatives as none of them were with him when he was in in NYC I do not know his friends, he only had a few acquaintances here in NYC the short time he was here. I'm not sure if I should post his name here.
What year did you get married? I think contacting the Legal Aid Society is a good start.
 
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slowmo

Active member
Aug 1, 2016
409
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Would it be naïve to think that you could go to the police in Bonao armed with the truth about the situation and a bit of money, you will get some results.
 
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JDJones

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Jan 7, 2016
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I tried this to do it myself and when i filled everything in it said I was not able to file because the man did not live in the united states.
You tried to do it yourself? Are you a lawyer? I agree on contacting legal aid.
 
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jd426

Well-known member
Dec 12, 2009
7,852
446
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I also thought someone would have some advice on how I could possibly find him if I were to go to DR for a few weeks as I said I have family there.
and We did exactly that ... for some unknown reason you are just not grasping the concept. ( make him find you )
and FB being around back then has not bearing on it .
couple years ago it was Whatsapp, period now its Instagram ..hands down
the POINT was Dominicans LOVE the latest Social Media . and all Social Media .
The Grapevine in the DR is an absolutely amazing Electric thing .
surprised you did not know this . especially in your seach to " find" someone


wish you the best of luck ...

yes, Legal Aid .. or your friend at the Law office . or contact Mr Guzman, who answers questions on this forum.
 
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JDJones

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Jan 7, 2016
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See, I do not qualify for the abandonment divorce because of this. see the red part. He does not live here in NYC

Residency and Grounds
Before you file for a divorce in New York State, you must (1) meet the residency requirement, and (2) have a "ground" for the divorce; a legally acceptable reason for the divorce.



Residency Requirement
There are a few ways to meet the residency requirement of New York State:


  • Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started;
  • Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and (1) you got married in New York State, or (2) you lived in New York State as a married couple, or (3) the grounds for your divorce happened in New York State;
  • Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
Kat,
First, There's something you're missing here. The article says : There are a few ways to meet the residency requirement of New York State:

It doesn't say you have to meet all three of those requirements, it says you have to meet one of them.

You obviously meet the first requirement so there is nothing stopping you from filing.

Second, the way to find him is going to Bonao and searching for him. Bonao is a small town and it should not be hard to find him.

I also get the impression he's not hiding from you; It's totally possible he doesn't even know you're looking for him.
 
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johne

Well-known member
Jun 28, 2003
3,332
203
63
Re: legal aid assistance: I highly recommend you read what requirements are necessary to obtain free council on a divorce proceeding in NYS. I just read it'