“This service is only available to those individuals who register under the name and identity of the person who will be requesting the document or legal service.”

Legal Fee: US$1,100.00

REQUIRED DOCUMENTS:

1. Copy of Cédula (Dominican ID card) or complete passport (if foreigner) of the spouses.

2. Separation Agreement executed before a Notary Public or Dominican Consul in your country (if already drafted) which should specify the divorce intention, distribution of the assets, custody of the minor children and alimony payment.

3. Original or certified copy of Marriage Certificate.

4. Original or certified copy of minor children’s Birth Certificates (if applicable). If these certificates were issued abroad they must be legalized by the nearest Dominican Consulate.

5. Documents evidencing ownership, such as Title Deeds, bank statements, vehicle registration, etc.

6. Power of Attorney authorizing eLexPersona.com to represent the spouses in the corresponding court and to legalize the Divorce Certificate once it has been pronounced at the corresponding consulate in the Dominican Republic. This will only apply if this document will be presented abroad.

Expenses related to document legalizations in your country’s consulate in the Dominican Republic will vary depending on how many documents will be legalized and the fees charged per consulate. eLexPersona.com has covered this fee, however if the expenses exceed the established amount, these will be charged separately.

Frequently Asked Questions

1. How do I know if I qualify for a divorce by mutual consent?
In order to qualify for this procedure, both spouses must agree on the divorce. The spouses must also agree on the division of marital property and custody and support of minor children. In addition, the marriage must have lasted for more than 2 years, but less than 30 years; the husband must be under 60 years of age and the wife must be under age 50.

This divorce procedure applies to:

• Dominican citizens, whether residing in Dominican territory or not.
• Foreigners residing in the Dominican Republic who do not opt for the quick divorce procedure
• Foreigner married to a Dominican citizen residing in the Dominican Republic or not.

2. Is it necessary for both spouses to travel to Santo Domingo?
No, it is not necessary for the spouses to appear in court if they are represented by an attorney. All the decisions and agreements made by the spouses will be on the Separation Agreement, reason why it is not necessary for the spouses to be present during the hearing.

3. What is the difference between this type of divorce and other divorce procedures?
In comparison to a quick divorce procedure, it is not necessary for the spouse’s to be present at the hearing. In addition, a quick divorce procedure only applies to foreigners and it can be finalized through an expedited process of only seven days. In a divorce for irreconcilable differences, the spouses are not in agreement to get divorce, and the court decides on the division of marital property as well as the custody and support of any minor children.

4. What happens when the spouses share ownership of assets?
The spouses must prepare a detailed inventory of the assets within the marriage and decide how these shall be divided. This list can be included in the Separation Agreement or on a separate act.

5. After all the required documentation has been provided, when does the hearing take place?
In order to set the hearing date we must first receive all required documentation. These documents, if necessary, will be legalized and translated by our attorneys, process which will take approximately between 2 to 5 business days, depending on the number of documents. After this step is complete, a hearing date request is filed in court. A hearing will be then scheduled about 30 days post-petition.

6. If there is not a Dominican Consulate in the country where the documents are issued, what can be done?
All documents must be legalized by the Dominican Consulate in order for these to have validity in the Dominican Republic. If there is no Dominican Consulate in your country, you must travel to the nearest one.

7. How long does a divorce procedure last?
A divorce decree is rendered 30 to 60 days after the hearing has been held. The decree will then be published 10 days after the same has been pronounced. We will send certified copies of the judgment, duly translated, if necessary. If the divorced spouses reside outside of the Dominican Republic, the divorce decree will be certified before the consulate of their country of residence where these will be presented. The legalization process will take between 3 to 8 business days.