Divorce by mutual consent, as its name implies, takes places when both spouses want to end their marriage, without controversy, problems, conflicts or discussion, but by mutual decision. This does not take away from the fact that it is still a painful and often disconsolate process to go through for one or both parties. We understand that in society and family ties, a Divorce is not a situation that any couple wants to see themselves involved in initially.

This situation occurs when both parties agree on the measures that will take effect after the separation. It is a process that takes place before a court in which the spouses obtain a ruling that allows them to have independent and separate lives.

In other articles, we have elaborated on the Advantages and benefits of Divorce by Mutual Agreement compared to other types of divorce. Some of those are:

• It is a brief process.
• This is the most inexpensive type of divorce.
• Not very invasive for the parties involved and family members (especially when there are underage children).
• You will be legally represented by your lawyer throughout the process, without having to go to court or other similar locations.

It is worth noting that if one of the parties lives abroad, you can divorce in the Dominican Republic without the need to travel to the country. If that is the case for you, there are two options for you to be represented by your Divorce Lawyer during the process:

1. Consular proxy. This is done in your local Dominican consulate.
2. Duly apostilled Power of attorney.

With this document, you provide them with legal consent to represent you, as well as authorization to sign the divorce agreement or decree on behalf of the spouse, in the event that you are not in the country. As a result, you would not need to travel to the country to complete this process.

What are the requirements for a Mutual Consent divorce?

• • The marriage must have taken place two (2) years before and must not have more than thirty (30) years of common life.

  The two (2) year requirement is in the process of being amended. Currently, many courts process divorces by mutual agreement, even if the marriage took place less than two (2) years before. Consequently, our suggestion is to consult with a specialized Divorce Lawyer in the Dominican Republic, to guide you through the process, in case you wish to formalize said divorce without meeting the two (2) year requirement.

• Formalization by authenticated act of stipulations and conventions. This document is used to show the declarations stated by both spouses and their signatures noting that they are in mutual agreement regarding the divorce.

• The husband is over 60 years of age.
• The wife is over 50 years of age.

But fortunately, this was REPEALED by the Constitutional Court, and no longer applies, therefore, any couple regardless of age, time of marriage can DIVORCE by mutual agreement.

What documents do I need?

• Marriage certificate.
• Birth certificate of the children of the marriage (if any).
• Copy of Identity Document for each of the spouses.
• Address of each spouse.
• Listing of common assets, according to the matrimonial property regime (if applicable)
• Certificate of stipulations and conventions.

This encompasses the following:

1. Partition of goods form.
2. Custody of the children born of the marriage.
3. Child support (if applicable).
4. Visitation Rights, if there are children involved.

What is the Act of stipulations and conventions?

The act of stipulations and conventions is a contract containing agreements reached by the parties regarding:

• Use and enjoyment of the marital home.
• Joint custody of underage children .
• Custody of children in favor of one of the spouses.
• Visitation rights in favor of the non-custodial parent.
• Alimony in favor of underage and dependent children.
• Liquidation of the economic arrangement used during the marriage.
• Limitation of use and enjoyment of the marital home.

Features of the Divorce by Mutual Agreement process

Prompt, Simple and inexpensive.

 Please note

If this does not apply to your specific case, the law provides you with another option to pursue a divorce. Said divorce option is called Divorce for Cause, which is usually called Divorce due to Incompatibility of Character. As a result, if the other party does not consent to the divorce, you would still have the option to request it through the corresponding court.

Our Morillo Suriel Attorneys at Law firm has the necessary experience to provide you with the appropriate and specialized advice in Family Law during these proceedings. In addition, we offer online services no matter where you are.