How to Get Divorced in the Dominican Republic
Divorce in the Dominican Republic is the legal procedure through which a civil marriage is dissolved, in accordance with Law 1306-Bis on Divorce of May 21, 1937, and its subsequent amendments. Depending on the cause and the agreement between the parties, there are various types of divorce with different requirements and timelines.
Types of Divorce in the Dominican Republic
- Divorce by Mutual Consent
- It is the fastest and simplest type of divorce. Both spouses agree to end the marriage and submit a joint petition to the competent court.
- No proof of fault is required.
- A closed-door hearing is held.
- It must be approved by a judge to acquire legal validity.
- Approximate duration: 30 to 45 days.
- Divorce Due to Incompatibility of Personalities
- It applies when living together becomes unbearable due to deep differences between the spouses.
- A unilateral lawsuit is filed with the court.
- The judge evaluates the evidence and testimonies that demonstrate incompatibility.
- Average duration: between 3 and 6 months, depending on the court.
- Divorce for Specified Causes
Provided for in Article 2 of Law 1306-Bis, it applies when there are serious offenses. Among the causes are:
- Adultery.
- Voluntary abandonment of the home for more than two years.
- Conviction of a criminal offense.
- Physical or psychological violence.
- Alcoholism or habitual drug use.
- Legally declared absence.
This type of divorce is contentious and requires a formal lawsuit, presentation of evidence, and witnesses.
Requirements and Documents
To process a divorce in the Dominican Republic, the following is required:
- Original marriage certificate.
- Copies of ID cards or passports of both spouses.
- Birth certificates of minor children (if any).
- Custody and support agreement (in case of mutual consent).
- Property partition documents (if applicable).
- Certificate of no objection (for foreign spouses).
Estimated Duration
- Mutual consent: 30 to 45 days.
- Incompatibility or specific cause: 3 to 6 months.
- International divorces: may require more time due to authentication or translation of documents.
Legal Recommendation
Divorce is a civil process that must be carried out with the assistance of a lawyer specialized in family law.Proper advice ensures the validity of the procedure both in the Dominican Republic and abroad.