Dominicana Divorcing an American Man

[gochiefs321]

I am friends with a Dominican woman in her late 30s.

About 10 years ago, she married an American man in the Dominican Republic. He is now in his mid 60s. All went well for about four years, before the American man abandoned her and she has not heard from him for six years. No divorce has been initiated, they are still married in the eyes of the government of the Dominican Republic. She says she cannot afford a divorce.

During the time of their marriage, the American man provided her a monthly stipend of $3,000 US, which obviously provided her a very comfortable lifestyle by Dominican standards.

She now works as a housekeeper making about 10,000 pesos (~$200 USD a month) and has no higher education.

She has one child, but the American man is NOT the father.

She has never been to the United States.

The American man is thought to be of upper-middle class means with a municipal pension, nice house, nice cars, boat, etc living in Florida. He is not known to have any assets in the Dominican Republic.

I have been able to track down the man based on the info on the Dominican marriage certificate.

Can the Dominicana initiate a divorce in the United States? Would a divorce in the US provide her with a better chance to get access to US-based marital assets (such as income generated since marriage, gains in stocks, gains in 401k, new cars, new boats -- I believe his Florida house was acquired PRIOR to marriage), and possibly alimony, as compared to a divorce initiated in the DR?

She wants to get a divorce in the DR, but if getting a divorce in the US means she has a better chance of soaking this guy and bringing her family out of poverty, then I want to encourage her to go that route. I can help her locate an attorney in the US.

I know Florida has a provision where the Court can force the well-to-do spouse to pay a poor spouse's attorney fees. Would that apply in this case?

Anyone have experience with this?

 

[bob saunders]

I am friends with a Dominican woman in her late 30s.

About 10 years ago, she married an American man in the Dominican Republic. He is now in his mid 60s. All went well for about four years, before the American man abandoned her and she has not heard from him for six years. No divorce has been initiated, they are still married in the eyes of the government of the Dominican Republic. She says she cannot afford a divorce.

During the time of their marriage, the American man provided her a monthly stipend of $3,000 US, which obviously provided her a very comfortable lifestyle by Dominican standards.

She now works as a housekeeper making about 10,000 pesos (~$200 USD a month) and has no higher education.

She has one child, but the American man is NOT the father.

She has never been to the United States.

The American man is thought to be of upper-middle class means with a municipal pension, nice house, nice cars, boat, etc living in Florida. He is not known to have any assets in the Dominican Republic.

I have been able to track down the man based on the info on the Dominican marriage certificate.

Can the Dominicana initiate a divorce in the United States? Would a divorce in the US provide her with a better chance to get access to US-based marital assets (such as income generated since marriage, gains in stocks, gains in 401k, new cars, new boats -- I believe his Florida house was acquired PRIOR to marriage), and possibly alimony, as compared to a divorce initiated in the DR?

She wants to get a divorce in the DR, but if getting a divorce in the US means she has a better chance of soaking this guy and bringing her family out of poverty, then I want to encourage her to go that route. I can help her locate an attorney in the US.

I know Florida has a provision where the Court can force the well-to-do spouse to pay a poor spouse's attorney fees. Would that apply in this case?

Anyone have experience with this?

Soaking the guy, What did bring to the marriage other than a ready made family. If she had any brains with 3000 US per month she should have had a house or savings. i doubt HE JUST ABANDONED HER. She probably was with her Dominican chulo and he said f...k this.

 

[gochiefs321]

Soaking the guy, What did bring to the marriage other than a ready made family. If she had any brains with 3000 US per month she should have had a house or savings. i doubt HE JUST ABANDONED HER. She probably was with her Dominican chulo and he said f...k this.

Maybe I don't know the full story. But I do want her to get whatever is rightfully hers, regardless.

 

[cavok]

If she can't afford a divorce in the DR, how is she ever going to afford one in the US?(assuming it's possible)

 

[gochiefs321]

If she can't afford a divorce in the DR, how is she ever going to afford one in the US?(assuming it's possible)

From the research I've done, Florida has a provision that allows for the court to award attorney fees to the poorer spouse in a divorce if there is a significant disparity in income/wealth and ability to pay between the two divorcing spouses. On the surface it seems this could apply given he's an upper-middle class American and she's a poor Dominicana, but I know this case is a little unusual.

 

[johne]

OP I assume you are brokering a deal with her. Why/how do I know this? This was written by someone that is doing this not for just a friend but has skin in the game....IMHO. Presented well, but you don't have a clue as to how to ring the bell.

 

[johne]

How? She has OP on her team to figure that out for a cut on the deal.

 

[gochiefs321]

How? She has OP on her team to figure that out for a cut on the deal.

No deal, per se. But she has offered to let me stay with her in her Barrio before. And while I appreciate the offer...uhmm...no thanks. Not my idea of a vacation.

If she invites me to stay with her in her new luxury villa paid for by this divorce, I might take her up on that offer, however.

A "long game" play one might say.

 

[rogerjac]

why does she need more money. she is living on 200 bucks a month now. and she obviously has no idea what to do with money when he gets it. 4 years at 3000 a month is 144000 and now she wants more. she had her ride now its over.

 

[melphis]

Maybe I don't know the full story. But I do want her to get whatever is rightfully hers, regardless.

Nothing is "rightfully hers". What did she do to help acquire anything in the relationship. This is exactly why these bonehead expats should not not marry thier favorite hookers.

 

[johne]

Bingo. Thanks for the honest answer. I wish you luck but sounds like challenge.

 

[gochiefs321]

why does she need more money. she is living on 200 bucks a month now. and she obviously has no idea what to do with money when he gets it. 4 years at 3000 a month is 144000 and now she wants more. she had her ride now its over.

She lives in a shack in the barrio and mostly subsists on rice and beans. Ya, she's surviving.

I hate this first world attitude that so many Americans/Canadians/Europeans have towards people live in the third world: "money for me, but not for thee," as if poorer folks are somehow not worthy of having money or enjoying material comforts, or freedom from financial stress.

Look, those of us born in US/Canada/Europe were born on third base. We haven't worked any harder or deserve our wealth more than the lesser developed world. We were just lucky where we were born, that our forefathers made many right decisions with respect to rule of law and economics, while also being blessed with bountiful natural resources, which in NA were largely stolen from native people.

Plus, if she wants it, I can coach her on budgeting, fiscal restraint, and investments and set her and her kid up for life.

 

[gochiefs321]

Nothing is "rightfully hers".

Will the family courts in the State of Florida agree with that?

This is exactly why these bonehead expats should not not marry thier favorite hookers.

No disagreement from me on this. But as long as they do, their Dominican ex-wives should not be treated as disposable playthings to be discarded and abandoned when they get bored.

 

[alexw]

Will the family courts in the State of Florida agree with that?



No disagreement from me on this. But as long as they do, their Dominican ex-wives should not be treated as disposable playthings to be discarded and abandoned when they get bored.

Please stop with this western women's logic. She married him for his assets and he married her for her beauty. It was a fair exchange. Somehow you're only upset at one part of this arrangement while trying to seek more assets for yourself. She deserves and will get nothing. Deal with it.

 

[johne]

She lives in a shack in the barrio and mostly subsists on rice and beans. Ya, she's surviving.

I hate this first world attitude that so many Americans/Canadians/Europeans have towards people live in the third world: "money for me, but not for thee," as if poorer folks are somehow not worthy of having money or enjoying material comforts, or freedom from finan

Look, those of us born in US/Canada/Europe were born on third base. We haven't worked any harder or deserve our wealth more than the lesser developed world. We were just lucky where we were born, that our forefathers made many right decisions with respect to rule of law and economics, while also being blessed with bountiful natural resources, which in NA were largely stolen from native people.

Plus, if she wants it, I can coach her on budgeting, fiscal restraint, and investments and set her and her kid up for life.

Do you have a license to practice law? If so, who is paying the various filing fees? If not, you are spinning your wheels because you have no standing in this matter.

 

[bob saunders]

Will the family courts in the State of Florida agree with that?



No disagreement from me on this. But as long as they do, their Dominican ex-wives should not be treated as disposable playthings to be discarded and abandoned when they get bored.

Not married in the USA and she lives in the DR, does the USA have any standing in a divorce in the DR?

 

[bob saunders]

She lives in a shack in the barrio and mostly subsists on rice and beans. Ya, she's surviving.

I hate this first world attitude that so many Americans/Canadians/Europeans have towards people live in the third world: "money for me, but not for thee," as if poorer folks are somehow not worthy of having money or enjoying material comforts, or freedom from financial stress.

Look, those of us born in US/Canada/Europe were born on third base. We haven't worked any harder or deserve our wealth more than the lesser developed world. We were just lucky where we were born, that our forefathers made many right decisions with respect to rule of law and economics, while also being blessed with bountiful natural resources, which in NA were largely stolen from native people.

Plus, if she wants it, I can coach her on budgeting, fiscal restraint, and investments and set her and her kid up for life.

Lots of Dominicans make considerable money and don't live of rice and beans. It is almost certainly 100 percent her fault that she doesn't even have a high school education, and it is also her fault that she squandered 3000 $us a month for six years.

 

[gochiefs321]

Do you have a license to practice law? If so, who is paying the various filing fees? If not, you are spinning your wheels because you have no standing in this matter.

I am not a lawyer and of course I have no standing in this matter. I just want to help her find an American attorney (or Dominican attorney that is admitted in Florida, or works with someone who is) and help her decipher the American legal process.

I'd be willing to front the filing fees, but my hope would be the court would award her the filing fees paid by the husband because he has means and she doesn't.

Florida Law doesn't require the marriage to have taken place in Florida or for both spouses to be Florida residents -- only one spouse must be a Florida resident for a Florida court to have jurisdication.

 

[gochiefs321]

Not married in the USA and she lives in the DR, does the USA have any standing in a divorce in the DR?

I'm not a lawyer, but it is my understanding that Florida recognizes foreign marriages as long as they are legal in both jurisdictions: https://www.ptd.law/family-law/marriage-in-florida/validity-of-foreign-marriage-in-florida-comity/

Basically if the marriage is legal and documented in the DR, and that the marriage would have also been considered legitimate in Florida (not underage, not forced, etc.), Florida will generally recognize it.

And that to initiate a divorce in Florida, only one of the spouses must be a Florida resident (in this case the husband).
http://www.leg.state.fl.us/Statutes...ute&URL=0000-0099/0061/Sections/0061.021.html

 

[alexw]

I wonder if she got busted with the local tigre and the poor guy took his ball and bounced. She is no victim. One doesnt just leave like that