Can I get a divorce in DR?

[RDKNIGHT]

Did you get married in DR or USA....... if your got married in DR you can tell NYS court you got scammed .... also calll ICE

 

[william webster]

How much wheel grease needed to divorce Black Knight??

 

[Kat Reyes]

What year did you get married? I think contacting the Legal Aid Society is a good start.

Thank you, I got married in 2003. Yes I'm waiting for the legal aid society to open up to call them. There are a lot of offices closed due to Covid.

 

[Kat Reyes]

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.

Thank you, I re-read it and I thought that was what the article stated.

Yes, My plan was to go to DR this month and take a trip to Bonao.

I'm not sure if he's hiding, but what I can tell you is that when I friend requested him back in 2013 he never accepted. I sent him a private message and no response. But that could just mean that he does not use that FB account. I do not know for sure.

 

[johne]

Thank you, I re-read it and I thought that was what the article stated.

Yes, My plan was to go to DR this month and take a trip to Bonao.

I'm not sure if he's hiding, but what I can tell you is that when I friend requested him back in 2013 he never accepted. I sent him a private message and no response. But that could just mean that he does not use that FB account. I do not know for sure.

A good deal of the high cost of legal fees is for searching for the person to be served with the papers. If the person cannot be found then the high cost of fees are for advertising of notices and special filings asking the courts to this unilaterally which courts are reluctant to do. As you probably figured out already you must find the location of this guy. At that point you have some options to cut down on the amount of time it will take to get this done. IMHO the best way to do it is to offer him a dollar incentive to sign an uncontested divorce. (This is what all of the many web pages are really offering for a little price). This is what they say can be done in 48 hours. Sure, but that's not the case here. If he says no, or holds out for money, I'm sure you can think of a dozen ways his mind can be changed, but you will know best when you visit.
BTW the city you are going to has a pop. of only 130,000. Why not put up a reward incentive posters all over the main part of the city? A hundred flyers printed at Staples cost just a few dollars and you can carry them with you to the DR. Put a picture up along with the words" reward' and only say it's a family matter.
I know you got a lot of advise to us Legal Aid. I read the site (for NYS) and tried to relate it to your situation. I doubt they would be able to help or if they did it would take years to get this done.You're right in that YOU must find him. It's the only way for you not to spend thousands of dollars.

 

[slowmo]

Thank you, I re-read it and I thought that was what the article stated.

Yes, My plan was to go to DR this month and take a trip to Bonao.

I'm not sure if he's hiding, but what I can tell you is that when I friend requested him back in 2013 he never accepted. I sent him a private message and no response. But that could just mean that he does not use that FB account. I do not know for sure.

Maybe he is hiding from you because he got married again.

 

[need2know]

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.

[Domestic Relations Law § 230]​

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.

Just curious if you ever got any resolution with this? My Dominican spouse and I were also married in NYS and he resides in the DR. Therefore, my attorney explained that NYS does not have jurisdiction over him for me to bring divorce proceedings against him. He is amenable to filing against me from the DR - but I am curious as to whether NYS will recognize this? Too early here to call my attorney

 

[SantiagoDR]

Just curious if you ever got any resolution with this? My Dominican spouse and I were also married in NYS and he resides in the DR. Therefore, my attorney explained that NYS does not have jurisdiction over him for me to bring divorce proceedings against him. He is amenable to filing against me from the DR - but I am curious as to whether NYS will recognize this? Too early here to call my attorney

She was last seen on DR1 Sep 3, 2020

 

[JD Jones]

She was last seen on DR1 Sep 3, 2020

Truth is stranger than fiction.

 

[CristoRey]

Truth is stranger than fiction.

Not sure if I should be laughing or crying after reading this one..

 

[Big]

I miss the threads about domestic strife. The ones like this and the one's " I am sending money to my girlfriend for her sick mother and son, is she being honest with me?"