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The title of this article: “Is the ‘A vapor’ Divorce option still available in the Dominican Republic?” goes hand in hand with the novelty that comes with the new Law No. 544-14, on private international law In The Dominican Republic. This law has somehow referred to Divorce, and with it specifically to the process of ‘A Vapor’ or Express Divorce In The Dominican Republic.

This law has created uncertainty and varied comments regarding whether or not Al Vapor or Express Divorce in the Dominican Republic is an option, because of the enactment of Law No. 544-14. Here are some of the most commonly asked questions:

• Is the ‘A vapor’ Divorce option still available in the Dominican Republic?

The short answer is YES, A vapor or express divorce is still an option in the Dominican Republic, for both nationals and foreigners who can demonstrate residence in the country.

• Can I get a Divorce through ‘A vapor’ proceedings in the Dominican Republic?

Yes , you can currently resort to this type of Divorce in the Dominican Republic. In seven (7) to ten (10) days, you may have a divorce decree in hand.

We will be explaining the changes that have taken place in regards to the A Vapor Divorce in the Dominican Republic, as well as stating the limitations applied by the law, with this process or type of divorce in the Dominican Republic.

Law No. 142, on Express Divorce, allows foreigners to divorce by mutual agreement in the Dominican Republic, even if they are not residents. However, these exact cases are the reason why the A Vapor divorce has been criticized abroad, given that several legislations consider A Vapor divorce in the Dominican Republic to be a circumvention of national jurisdiction.

In December 2014, Law No.544-14 was enacted, on Private International Law in the Dominican Republic, which states the following in article 15.3: “Jurisdiction of Dominican courts, in matters of the person and the family. Dominican courts will have jurisdiction in the following matters, concerning individual and family rights:

3) Personal and property relationships between spouses, marriage annulment, separation and divorce, when both spouses:

1. Have regular residence in the Dominican Republic at the time of the suit.
2. Had their last common regular residence in the Dominican Republic and the plaintiff continues to reside in the Dominican Republic at the time of the suit.
3. When both spouses have Dominican nationality. ”

This issue has generated a lot of debate, since according to the interpretation provided by a group of lawyers, article 15.3 repeals Law No. 142-71, on A Vapor divorce, which has been available for foreign nationals who would like to get a divorce in the Dominican Republic.

On the other hand, there are others who consider that article 15.3 does not repeal said Law.

The first group of lawyers we mentioned, believe that article 15.3 of Law No. 544-14, establishes that Al Vapor divorce proceedings can only be carried out if one of the three conditions regarding regular residence of the spouses is met. These conditions are the following:

• When both spouses have regular residence in the Dominican Republic at the time of the suit.
• When the last common domicile of the spouses was in the Dominican Republic, and the plaintiff continues to reside in the Dominican Republic at the time of the suit.
• When both spouses have Dominican nationality.

That being said, are the Dominican Courts competent to hear A Vapor Divorce cases?

Article 47, of Law 142, section 4, regarding Divorce and judicial separation, establishes that spouses may agree in writing, before or during the marriage, to designate the applicable law for divorce and judicial separation, as long as the Dominican courts have jurisdiction.

Law 544-14, article 12, establishes the following: “Extension of competence to the Dominican jurisdiction. The Dominican courts will be have jurisdiction, in general, when the parties have expressly or tacitly submitted themselves to said courts, unless it is one of the matters contemplated in articles 11 and 15, in which case the provisions of said precepts will apply. ”

Thus, article 12 allows Dominican courts to have jurisdiction, when the parties agree to expressly submit to said courts. As a result, it is possible for this type of process to be heard in the Dominican Republic.

PREVAILING CRITERIA

The prevailing criteria is that Law 544-14 does not repeal or modify the law concerning Al Vapor divorce, but states that in order to be able to carry out such a divorce in the country, one of the previously mentioned requirements of article 15.3 must be met.

Nevertheless, the reality is that many courts in the Dominican Republic accept Divorce claims of Foreigners who are not domiciled in the country, which is why we can proceed and obtain your divorce decree as specialized lawyers in the field of Family Law & Divorce. The main concern is ensuring that the divorce is recognized in the country where the marriage was performed, in order to have the divorce decree transcribed and ratified in the country where the marriage was registered. The divorce would be meaningless if said country does not accept the Divorce that took place in the Dominican Republic, therefore, before considering this divorce option, it is important to verify if it will be recognized in that country.

Law No.544-14, on International Private Law in the Dominican Republic, raised the issue of divorce, as a result of international pressure related to this specific type of divorce.

Our Morillo Suriel Attorneys at Law firm has a division specialized in Enforcement Procedures and Divorce, which can assist you with any questions or concerns you might have.