14
Nov

A divorce is a formal dissolution of a marriage, and being unaware of the location or address of one of the spouses is a very common situation. Therefore, one of the most frequent questions in the matter is:

Can I get a Divorce in the Dominican Republic, even if I do not know my Spouse’s Address?

You might be under the assumption that a divorce is not possible given this circumstance. However, you ARE able to get a divorce in the Dominican Republic, even if you are unaware of the location or address of your Spouse or they are domiciled abroad. The type of divorce that applies in this case, is Divorce for Cause. The following circumstances also apply to this type of divorce:

1. When one of the spouses DOES NOT agree with THE DIVORCE.
2. She does not attend the hearing.
3. It does not sign any document.

As a result, even if any of the aforementioned obstacles apply to your case with one of the spouses, YOU can still get a divorce in the Dominican Republic through Divorce for Cause, usually known as Divorce due to Incompatibility of Character. This is a type of divorce in which the spouse invokes one of the causes listed by Law 1306 Bis, in article 2 on Divorce in the Dominican Republic.

The process to initiate this type of divorce is to comply with the notification guidelines in the event of a spouse being unaware of the other party’s domicile for divorce petition purposes. This needs to take place before the corresponding Family Court, depending on the address.

See common questions and answers on this topic, below.

• Can aliens without domicile, residence and married abroad apply for this type of Divorce in the Dominican Republic?

No, in order to use this type of divorce at least one of the parties must meet one of the following criteria:

1. At least one (1) of the spouses need to be a Dominican citizen, even if:

A) They live abroad.

B) The marriage took place abroad.

2. However, if you are not a Dominican citizen, you would need to prove that have been residing in the Dominican Republic for at least two (2) years. You may apply for this type of divorce even if:

A) The marriage took place abroad.

B) The other spouse is abroad.

3. As a foreigner with legal residence in the Dominican Republic, you may apply for this type of divorce, even if:

A) The marriage took place abroad.

B) The other spouse is abroad.

4. Any alien who married in the Dominican Republic, regardless of:

A) Not having legal residence in the Dominican Republic.

B) The other spouse not being in the Dominican Republic.

Having said that, if you have never resided in the Dominican Republic, you are not a Dominican citizen and your marriage did not take place in this country, YOU CANNOT APPLY for this type of this divorce.

• How long does it take for this type of divorce to be finalized?

The length of time needed to finalize this type of divorce is depends on the availability of the court. They might set a hearing date in the near future or several months later. However, this process usually takes five (5) to eight (8) months.

Please note that when a party needs to be notified abroad, a greater amount of time is granted by law for the hearing, which must be complied with.

• What are the Divorce for Cause requirements?

Marriage Certificate. Please keep in mind:

A) If it was issued abroad, it must be Apostilled.

B) The document must be translated into Spanish if it is in any other language.

• Copy of claimant’s Identity Document. Accepted documents are:

A) Government-issued ID (Cédula) card from the Dominican Republic.

B) Current passport.

• Claimant’s current address and the defendant’s current or last known address.
• Birth Certificate of all children born of the marriage.

This is done if you would like this information to be known during the process, even though it can be provided later.

• Is it required to be in the country during Divorce proceedings?

It is not. In any case, your attorney specialized in Family Law and Divorce proceedings can represent you through the entire process.

• Do I have to appear in court?

It is required by law. However, it is also possible to be represented by your attorney during the hearing.

• Can this divorce be declared VOID?

Absolutely. If you or the attorney specialized in Divorce representing you, fail to comply with the formalities and procedures stipulated by the law, this motion can be subject to nullity.

• Can the Divorce be appealed?

Yes, the law allows two (2) months, from the date of the notification, for the respondent to appeal the decision.

• What happens to assets and children in COMMON?

This piece is focused on cases in which there are no assets or children in common. Primarily, because the location of the other spouse is unknown. However, if there are children or assets in common, you can follow the guidelines listed here:

1. Separation of assets during or after divorce proceedings.
2. Child support, custody, and visitation in the Dominican Republic.

• What are the benefits of this type of divorce? 

A) You do not have to wait until you reach an agreement with the other spouse.

B) You are not required to know the other party’s current address.

C) Among others.

Please be aware that if this does not apply to your case, one of the most recommended divorce types is Divorce by Mutual Agreement. You can see more information about this in the following link:

1. Features and benefits of divorce by mutual consent

2. Divorce by Mutual Consent / Divorce by Agreement

Our Morillo Suriel firm has a division specialized in Family Law, which can assist you with any concerns you might have in the matter.