There are different types of divorce procedures in the Dominican Republic depending on the reason why the spouses decide to initiate such procedure and whether the same is contested or uncontested.
The law which regulates the divorces in our country is Law 1306-Bis, dated May 21, 1937, which clearly establishes the causes mentioned below as the reasons for which a divorce can be initiated:
1. Mutual Consent of the spouses;
2. Irreconcilable differences;
3. Absence of one of the spouse, established by a Court;
4. Adultery;
5. When one of the spouses is convicted of a criminal penalty;
6. When one of the spouses commits injuries against the other;
7. Voluntary abandonment of home for a period of 2 years; and,
8. Constant drunkenness or habitual use of drugs.
This article will concentrate on the principal aspects of a contested divorce procedure in the Dominican Republic.
What is a contested divorce procedure?
A contested divorce procedure applies when one of the spouses does not agree on divorcing and many irreconcilable differences have risen.
For whom does this divorce procedure apply?
This divorce procedure applies for Dominican citizens or foreigners that reside in the Dominican Republic regardless of their nationalities.
The divorce based on irreconcilable differences initiates serving the defendant regarding the divorce lawsuit requesting his/her presence, either personally or represented by a lawyer, to attend the court hearing that will know such procedure.
The competent Court to know the lawsuit will be the Court located in the juridical district where the defendant resides, in the event the defendant has a known domicile in the country, otherwise the competent court will be the one of the plaintiff’s domicile, so to start this procedure at least one the spouses must reside in the country. If the plaintiff, however, does not know where the defendant currently resides, the law recognizes this divorce as an uncontested divorce with unknown domicile.
To start this procedure alleging unknown domicile, the plaintiff must serve the defendant, in his/her last known domicile in the country, regarding the initiation of the divorce lawsuit. After such citation, the plaintiff must also notify the Court Secretary and the District Attorney’s Office of the corresponding juridical district. Nevertheless, if the defendant with unknown domicile is the wife, in addition to the before mentioned notifications, the plaintiff must also serve the wife via a local newspaper for three (3) consecutive days.
On the other hand, if the defendant does not reside in the Dominican Republic, he/she must be served in the country where he/she currently resides by serving the Attorney General’s Office who will then send the act through an official letter to the Ministry of Foreign Affairs and finally serve the Dominican consulate where the defendant resides, where the defendant will be finally notified regarding the divorce lawsuit initiated in the Dominican Republic.
Once the defendant has fulfilled the above mentioned formalities, he must prove to the Judge the alleged irreconcilable differences. To demonstrate the irreconcilable differences it is essential to prove the following:
1. Unhappiness of the spouses; and,
2. Social disturbance.
These aspects must be proved by witnesses, documents, among others. Once the judge admits the divorce procedure and emits a judgment, the beneficiary must appear before the corresponding Civil Officer during the following two (2) months, for the transcription of the divorce judgment, having the obligation of notifying the other party before appearing at the Civil Office, so the other spouse can be present during the pronouncement of the divorce.
It is important to point out that if the beneficiary spouse does not complete the divorce pronouncement process in the corresponding Civil Office within 2 months after the judgment was issued, the divorce will be not considered as valid, being obliged to initiate a new divorce procedure under a different cause from the first procedure.
During the eight (8) days following the divorce pronouncement, the beneficiary of the judgment must publish in a national newspaper, the divorce judgment and the divorce pronouncement, having to deposit a copy of such publication in the Court.
Once the process is concluded, the other spouse can Appeal the divorce decision, within the next two (2) months after serving and publishing the divorce judgment. Once this two (2) month term has expired, he/she will lose the right to appeal the court decision. By the end of this period, both parties have fulfilled the required formalities, the divorce judgment is considered definitive.
Bibliography:
Law No. 1306- Bis on Divorce
Gaceta Juridica
Todo sobre divorcio