Dominican Fast Divorce Law 142

LAW  142 dated June 9 of 1971, which amended Law 1306-BIS of Divorce, enacted the fast divorce process for foreigners and Dominican residents abroad.

Amendments to the Divorce Law mainly consisted of including new Paragraphs IV and V to Article 28, and Paragraph I to Article 31, within Chapter IV which establishes The Procedure for the Mutual Consent Divorce in the Dominican Republic (translated below from the Spanish to the English language – courtesy of Traducorp).

CHAPTER IV

DIVORCE PROCEDURE BY MUTUAL CONSENT AND THE PROCESS THAT SHOULD BE FOLLOWED

Art. 26. The spouses’ mutual and persevering consent, expressed in the manner stated in this law, will sufficiently justify that their life in common is unbearable for them.

Art. 27. The divorce by mutual consent will not be admissible but after two years of marriage; and will neither be admissible after thirty years of life in common, nor when the husband is at least sixty years old and the woman fifty.

Art. 28. The spouses shall be obliged, prior to appearing before the Judge who shall hear of the lawsuit, to: 1) formalize an inventory of all their movable and real estate property;  2) convene to which of them shall the care of the children born from their union is entrusted, during the proceedings and after the divorce has been pronounced; 3) convene at which house the wife shall reside during the proceeding, and the amount that, as spousal support shall be provided by the husband while the terms are running and a definite ruling is pronounced.

Paragraph I. All these covenants and stipulations shall be formalized by notary public act.

Paragraph II. Once the foregoing formalities have been completed, the spouses, in person, or by proxy having notary public act, and provided with the documents stating the stipulations referred to in this article, as well as with a copy of the marriage certificate and birth certificate of the children conceived during the marriage, will appear before the Judge of First Instance of their domicile, declaring that they have the purpose of getting divorced by mutual consent, and that, to that effect, they request their formal compliance to establish their  lawsuit.

Paragraph III. In lack of the Birth Certificates, due to their absence in the registers of the Civil Registrar, a deed of declaration of common knowledge will be completely valid.

Paragraph IV. In the case of Dominican spouses residing abroad, the covenants and stipulations may be drafted by empowered attorneys and signed by them before a Notary Public of the jurisdiction indicated by them in the document containing the Power of Attorney. In such covenants and stipulations, the parties will expressly grant competence to a Judge of First Instance of the same jurisdiction indicated by them in the Power of Attorney, to hear and decide about the Divorce.

Paragraph V. Foreigners who are in the country, although not residents, may divorce by Mutual Consent, provided that at least one of them is present at the hearing, and the other is represented by a specially empowered attorney, expressly convene in attributing competence to a Judge of First Instance, in the covenants and stipulations act issued by a Notary Public of the same jurisdiction of the Court indicated by them. For the case foreseen in this Paragraph, the provisions of Art. 27 of this Law will not apply.

Art. 29. The Judge, in view of the spouses’ declaration, will draw up a record of their depositions.

Art. 30. After verifying that all legal requirements for admitting the lawsuit have been complied with, the Judge will authorize the same, setting a time limit of no less than thirty nor longer than sixty days for the spouses to appear in Court; and in view of all the documents, will pronounce the ruling eight days after the hearing.

Paragraph I. The ruling shall fully adhere to the stipulations included in the documents mentioned in article twenty-eight, which shall only suffer the variations that the same spouses want to include the day of the hearing, by prior mutual consent.

Paragraph II. In the case referred to in Paragraph V of Art. 28 of this Law, the Judge will authorize the lawsuit, setting the date within a period of three days for the spouses to appear in Court hearings. When the hearing is concluded, the Court will order notification to the District Attorney for opinion in a period of three franco days, and the Judge will pronounce the ruling within the three (3) following days.

Art. 31. The spouses, or the most diligent of them, will be obliged to transcribe the ruling that admitted their divorce in the Civil Registrar; and have the same pronounced, which shall be done no later than eight franco days after the ruling pronouncement.

Paragraph I. In the case referred to in Paragraph V of Art. 28 of this Law, once the ruling has been issued, the divorce will be pronounced by any Official Civil Registrar of the jurisdiction of the Court that heard the case, through the filing of a certified copy of the ruling, previously transcribed at the Civil Registrar, and its verdict will be published in a national newspaper.

Art. 32. The ruling that orders the divorce by mutual consent will be final; and the rules established in the civil procedure Code will be followed to execution the same, considering the formalities contemplated in this law.

Art. 33. The spouses are obliged to file before the Court Secretary, all divorce lawsuit documents pertaining to the divorce by mutual consent, as per the provisions established in Article twenty eight.

By Traducorp (info@traducorp.com)

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