Cost and duration of a divorce in the Dominican Republic.

  • By:Vianela Morillo

In terms of costs, the divorce process in the Dominican Republic varies considerably depending on the type of divorce and who is the party requesting it. One example is how the process tends to take a little longer if the husband is the one who files the petition for divorce, compared to how long it takes if the wife requests it.

Although we will present the costs associated with each of the different types of divorce, it is important to note that this is an estimation and these figures can fluctuate considerably; depending on the specific process and the attorney’s fees related to the case, as well as various elements that may arise during the process itself.

Divorce by Mutual Consent

To get an idea of the total amount of expenses and fees associated with this type of divorce, we will list some of the steps required to process a Divorce by Mutual Consent. Additionally, these steps involve management and taxes that must be paid immediately.

  • Request the marriage certificate.
  • Request the children’s birth certificate (if applicable).
  • Drafting of the Act of Conventions and Stipulations before a Notary Public.
  • Registration of the Act of Conventions and Stipulations.
  • Legalization of the Convention and Stipulations Act.
  • Request for the Designation of the trial chamber, before the corresponding Court of First Instance.
  • Request a hearing, before the corresponding First Instance Court.
  • Drafting and deposit of conclusions.
  • Acquisition, Registration and Pronouncement of the Judgment.
  • Publication of the Divorce.
  • Payment of various taxes at the request of the corresponding Court, Mortgage Lien Registration, Attorney General of the Republic, Central Electoral Board and a newspaper of national circulation.
  • Among other processes that may generate additional expenses.

The current estimated cost of a Mutual Consent Divorce process is from US$1,200.00. This amount includes each of the taxes to be paid and the professional fees incurred.

However, as explained above, this amount is only an estimate, since the actual cost will depend on the nature of each individual case and the fees to be charged by the lawyer who provides services for said case.

Divorce on Specific Grounds

Among the facts established by law that may be used as valid grounds for this type of divorce are the following:

  • Irreconcilable differences.
  • Adultery.
  • Absence of one of the parties, declared by court.
  • Criminal offence conviction of one of the spouses.
  • Cruelty or physical abuse to one of the parties caused by the other.
  • Desertion by one of the spouses.
  • Drug or alcohol abuse.

The estimated cost of a Divorce on Specific Grounds is from US$1,800.00.

The steps that need to be taken to complete this type of divorce are the following:

  • Request the marriage certificate.
  • Request the children’s birth certificate (if applicable).
  • Drafting and notarization of special power of attorney.
  • Drafting and Notification of legal Claim.
  • Request a chamber and a hearing date.
  • Submit the documents you will use.
  • Attend the scheduled hearing (multiple hearings may be held depending on each case).
  • Drafting and deposit of conclusions.
  • Attend additional hearings
  • Obtaining the divorce decree.
  • Notice of divorce judgment (this ruling can be appealed, in which case an appeal process would have to be initiated before the corresponding Court of Appeal).
  • Certificate of Non-Appeal request.
  • Registration and Pronouncement of the Judgment.
  • Publication of the Divorce.
  • Payment of various taxes at the request of the corresponding Court, Mortgage Lien Registration, Attorney General of the Republic, Central Electoral Board and a newspaper of national circulation.
  • Among other steps that may generate additional expenses.

Express or ‘Al Vapor’ Divorce

The proceedings that take place for this type of divorce are:

  • Drafting of the separation Agreement, signed before a Notary or Consul of the Dominican Republic abroad.
  • Marriage certificate.
  • Birth certificates of underage children (if applicable).
  • Power of attorney granted to the lawyer.
  • Translation of documents that need to be translated, such as: Marriage certificates, Birth certificates of underage children (if applicable), divorce decree, etc.
  • Payment of US$400 in Dominican Currency.
  • Attend court hearing.
  • Acquisition of the divorce decree and other proceedings completed after obtaining said decree.

The estimated cost of a ‘Al Vapor’ Divorce is from US$2,200.00

In addition, there are lawyers who offer special and additional services such as:

  • Transportation service to pick up the client at airports, hotels, hearings, etc.
  • Drafting of the agreement on the assets and custody of children.
  • Court interpreter before the judge on the day of the divorce hearing.

What is the duration of a Divorce in the Dominican Republic?

The wait time for each of the different divorce proceedings will depend on different factors, but there is an estimated time which can be used as a reference:

  • Divorce by Mutual Consent: Approximately, 4 months.
  • Divorce on Specific Grounds: If filed by any of the parties and on grounds established by Law, the divorce process might take up to 1 year (depending on the amount of hearings you will have to attend).
  • Express or ‘Al Vapor’ Divorce Proceedings: Approximately 7 business days.

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Posted in: Civil Law, Family Law (Divorces), Foreigners in the Dominican Republic