The Constitutional Court annulled a disposition that obliged a divorced woman to wait for 10 months before remarrying, while divorced men could marry at any time.
The Court annulled Art. 35 of the Divorce Law that established that a divorced woman could not marry until 10 months after the divorce decree was definitive, unless doing so to the same husband to whom she had been married. In ruling TC/0070/15 the court decided that the disposition that dates back to 21 May 1937 was contrary to the 2010 Constitution that prohibits gender discrimination. The original disposition had been enacted on the grounds that the woman could be hiding a pregnancy from her future husband. The court pointed out that modern day lab tests would establish if the woman is pregnant and afterwards, the DNA test can determine who is the father of the child, making the waiting period unnecessary.
The court observed that the requirement is discriminatory as it only prohibits women from re-marrying during the period, an imposition that is not made on men.
http://www.tribunalconstitucional.gob.do/sites/default/files/documentos/Sentencia%20TC%200070-15%20C.pdf?hc_location=ufi