REQUIRED DOCUMENTS:
1. Copy of Cédula (Dominican ID card) or complete passport (if foreigner) of the spouses.
2. Original or certified copy of Marriage Certificate.
3. 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.
4. 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 whether I qualify for a divorce for specific reason or irreconcilable differences?
This divorce is applicable when the spouses are unwilling to divorce by mutual consent and one of them is interested in obtaining a divorce based on their incompatible characters or unknown domicile of either spouse. For this procedure, one of the spouses must be Dominican. If the spouses are foreigners, they must have married in the Dominican Republic.
2. Is it necessary for both spouses to be present at the hearing?
No. In most cases, only the presence of the plaintiff spouse is required at the hearing.
3. What is the difference between a divorce for irreconcilable differences from other divorce procedures?
In comparison to a quick divorce or a divorce by mutual consent, a divorce for irreconcilable differences varies in that the spouses do not agree on the same and for this reason the court decides upon the validity of the divorce intention, as well as the minor children’s custody and support.
4. How long does a divorce procedure last?
It depends on how many hearings are held. First, all supporting documentation must be compiled and then the defendant spouse is summoned to appear in court. Court hearing dates are established by the law and must be strictly complied with. Depending on the complexity of the case, more than one hearing may be required. After the final hearing, courts will last approximately 30 to 90 days to pronounce a sentence. The spouses are given two months after the sentence has been served to appeal.
5. What happens if the defendant spouse’s domicile is unknown, or if he or she lives abroad?
If the defendant spouse has an unknown domicile, or he or she lives abroad, the summons must be served at the defendant’s last known address. The District Attorney and the corresponding court must be notified as well.
In case the wife lives abroad and has an unknown domicile, a notice must be published for 3 consecutive days on a local newspaper prior to the issuance of the summons. The notice must inform the wife that as a result of her unknown domicile, the summons will be served to the District Attorney of corresponding Judicial District.
6. If one of the spouses objects to the sentence rendered by the court, what can be done?
The spouse that objects may appeal within 2 months after the judgment has been pronounced.
7. 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.
