28
Jan

In our Morillo Suriel Attorneys at Law firm, we receive a lot of questions regarding how to dissolve a marriage bond through divorce proceedings. Generally, the client interested in processing their divorce is not entirely sure what type of divorce to request. In other articles, we have stated that the Dominican Republic recognizes several types of divorce, such as:

1. Divorce by Mutual Consent.
2. Divorce for cause (for example due to incompatibility of Character).
3. ‘Al Vapor’ divorce.

The latter is not available to everyone. This type of divorce is characterized by being fast and by the existence of a mutual agreement between the parties.

Given that there are multiple types of Divorce in the Dominican Republic, we are commonly asked questions such as:

• Which type of divorce is better or has more advantages?
• What is the process to follow?
• Which type of divorce is the one that fits my needs?
• Which is the most affordable type of divorce?
• Which is the fastest type of divorce?
• Which is the least invasive type of divorce for my children?

In this article, we will establish the ADVANTAGES OF DIVORCE BY MUTUAL CONSENT; which is one of the most common and recommended types of divorce due to its features.

When it comes to the advantages of divorce by mutual consent, it is ideal to briefly establish the basic differences between:

1. Divorce by Mutual Consent.
2. Divorce for Cause.

There are many differences between them, since both divorce proceedings are very different. Some of those differences are:

Divorce by Mutual Consent:

• The parties agree to divorce.
• The parties do not want to undergo litigation or disputes.
• The parties are required to agree on each and every one of the terms of the divorce through the act of stipulations and conventions drafted by means of a Notary Public.
• The parties must formalize an inventory of all their properties in the act of stipulation and conventions.
• The parties must agree on which one of them will be entrusted with the care of minor children in common.
• During these proceedings, the Judge has the obligation to comply with the provisions of the act of stipulations and conventions signed between the parties.
• The sentence in this process is not open to appeal.

Divorce for Cause:

• It must be justified by facts whose significance is sufficient to motivate the divorce.
• This type of divorce and everything revolving around it is usually very stressful for the parties involved.

A Mutual Agreement divorce has numerous benefits, and these benefits are explained daily to clients. Therefore, it is considered an advantage to consider this divorce. Some of these benefits are:

1. It is amicable; less invasive for the parties, others that form the family circle and especially the children (if there are any).

Ending a marriage is a process for two individuals. However, we are all aware that other family members are also usually involved (children for example). In a Divorce by mutual agreement, neither party has to:

1. Appear in court.
2. Obtain witnesses.
3. Provide personal information to third parties.
4. Litigate for child custody.
5. There is no need for court proceedings to establish child support for the children.
6. A court official will not be sent to their house, notifying the citation to hear about the Divorce claim and decree.
7. Among others.

2.. It is more affordable.

The question we ask most frequently to our clients when they inquire about the benefits of divorce by Mutual Consent is: “Why to increase your expenses significantly if a divorce can be completed by spending much less?”

A divorce by mutual consent can be managed by only one lawyer who will represent both spouses, resulting in lower costs for both parties.

It is also more affordable, due to requiring fewer steps to complete than a Divorce for Cause, resulting in lower attorney fees.

3. It is brief and fast.

Currently, we live in a society where time is vital, which is why once a decision is made to divorce, it is important to make the process as short as possible.

When it comes to this type of divorce, the short deadline established by law is an interesting quality. Processing a separation through this type of divorce allows a sentence to be reached in a very short time.

Moreover, when it comes to Divorce by Mutual Consent, the process is not extended and it is possible to obtain a sentence in one month.

4. Compliance with the agreement.

Everything established in the act of stipulation and conventions will comply with a prior agreement between the parties, and so the spouses will not object to its compliance.

Conversely, when the spouses are unable to reach an agreement, a Divorce for Cause is resolved before a Court in a contentious way, finalizing with a sentence issued by a Judge. In these cases, the judgment is determined solely by the judge and not the parties, which is why the parties are not always in agreement with the decision of the judge.

5. Custom clauses.

When both parties reach an agreement through the act of stipulations and conventions, everything that governs the separation is tailored to each case. Ultimately, what is established is the result of the agreement and consensus between the two, which is why this type of divorce adapts more appropriately to the circumstances of each case.

6. Security in the Judge’s decision.

The responsibility of the judge in this type of divorce is to ensure that there are no clauses in the regulatory agreement that affect the best interests of underage children or that could seriously disfavor one of the parties.

In consequence, if there are no clauses that harm one of the parties or the best interests of underage children, the judge will simply approve the act of conventions and stipulations.

7. The division of common property can be done in the same notarial act of stipulations and conventions.

A major benefit of Divorce by Mutual Consent is that spouses can include the partition of property within the act of conventions and stipulations.

The parties will agree on the ownership of assets and property they owned in common through the act of stipulation and conventions (becoming the individual property of each party according to the agreement after the divorce). This will be contingent on the type of matrimonial property regime with which they married.

Being able to include the partition of assets in the act of stipulations and conventions prevents parties from having to subsequently start a new process for the partition of assets. Additionally, this is usually quite a lengthy and costly process, since a lawyer would need to be hired to conduct said partition.

8.. With a Divorce by Mutual Agreement everyone wins.

Everyone benefits from a Divorce by Mutual Consent, by virtue of the fact that no side wins or loses. There is an agreement that prevents the relationship between the former couple, children, family, etc. from deteriorating any further.

In addition to the benefits, we have listed regarding Divorce by Mutual Consent, this type of divorce is also:

• Affordable. 
• Brief.
• Quick.
• An agreement, which is why the clauses will be customized and there will always be compliance with what was previously agreed.
• A process in which the Judge simply ratifies the agreement, which is why there will always be secure in the Judge’s decision.

A process in which the partition of assets can be done in the same notarized act of stipulations and conventions.