Introduction

It is a matter of public policy in many countries that only their courts have the power to grant a divorce to their residents. A divorce obtained in a foreign jurisdiction would therefore be considered invalid. This principle is sometimes not considered applicable, however, in cases when both parties agree to the divorce. In the United States, for example, if both parties have given their consent, most states accept a foreign divorce under the principle of fairness called "estoppel." In 1971, the Dominican Republic took advantage of this exception and amended its Divorce Law to allow foreigners to obtain a divorce in its courts in one day without any residency requirement.

Requirements for a Dominican Divorce

The provision under the Divorce Law applicable to foreigners divorcing in the Dominican Republic (Art. 28, Paragraph V of the Divorce Law) expressly state the following requirements for a valid divorce:

* The grounds for divorce must be mutual consent;

* At least one spouse must travel to the Dominican Republic to be present in court;

* The absent spouse must be represented by a special power-of-attorney authorizing a representative to appear in court for him/her and to consent to the divorce;

* The parties must agree and consent to the jurisdiction of the Dominican Court

"Unilateral" divorces (in which the spouses have not agreed to the divorce) and "mail order" divorces (in which neither spouse appears in court) are both illegal under Dominican law because they are in violation the legal requirements listed above. Many dishonest "services" and "sites" on the web, however, continue to defraud unsuspecting clients offering them these unlawful divorces.

Procedure
The first step is for each spouse to provide the attorney with the following personal information:

* Full legal name

* Nationality

* Occupation

* Address

* Passport number

* Date and place of marriage

* Names and dates of birth of their common children, if any

* Property settlement.

With this information, the attorney will prepare the text of the required power-of-attorney. The clients will then take the text to the nearest Dominican Consulate where, after being retyped, the parties and the consular officer will sign it. At the Consulate, the parties should also have the officer stamp a true copy of their marriage certificate and of the birth certificates of their minor children (if any), as well as the property settlement. (Under Dominican law, no document coming from abroad is admissible in court unless authenticated at the Consulate). The spouse that will appear in court should then make his/her travel arrangements for the trip to the Dominican Republic.

The traveling spouse should program a two-night stay in the Dominican Republic. He or she should bring with him/her the following documents

* Original or certified copy of marriage certificate

* Originals or certified copies of the birth certificates of the children, if any

* Original of the Power-of-attorney

* Original of the property settlement

* Passport.

These documents, except the Passport, should be handed over to the attorney in charge of the divorce for registration. The traveling spouse and the absent spouse's representative are also required to appear before a Notary Public to express their consent to the divorce, except in case they have already done so at the Dominican Consulate abroad.

Divorce hearings are usually scheduled early in the morning. On the date set for the hearing, the traveling spouse will appear in court with the absent spouse's representative and the attorney in charge. At the hearing, after review of the documentation filed, the judge will grant the parties a final decree of divorce. Since the proceedings are usually over by 10:00 a.m., the traveling spouse may take a flight back home in the afternoon.

The divorce documentation is usually ready to be sent by courier to the ex-spouses three weeks after the hearing date and will consist of the following:

* Certified copy of the Divorce Decree, authenticated by the Dominican authorities and by the Embassy of the parties' country of residence, with a translation into English or French.

* Pronouncement of the Divorce with a translation into English or French.

The law also requires the divorce to be published in a national (Dominican) newspaper.

Validity of Dominican Divorces

Before going ahead with a Dominican divorce, parties are strongly advised to consult local counsel to determine its validity in their place of residence. Although courts in many jurisdictions have upheld Dominican divorces and found them valid, courts in other jurisdictions either have not had the opportunity to rule on the matter or consider them invalid based on reasons of public order. In the United States, for example, the states of California, Louisiana, Massachusetts, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, and Wisconsin will regard Dominican divorces as invalid based on existing statutes or controlling case law.