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Quick divorces
According to Dominican law, a marriage of foreign persons can be dissolved
within 24 hours, provided one of the parties presents a legalized document
to the Dominican Consulate of his/her country of origin, recording a”separation
agreement by mutual consent“and empowering a Dominican lawyer to bring
the case before the courts. In our country, there are offices specialized in
handling these cases.
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THE NATIONAL CONGRESS In the Name of the Republic
HAS DICTATED THE FOLLOWING LAW Number 142
Act. I.- Paragraph IV and V are added to Art. 28 of the Law No. 1306, bis,
on Divorce, with the following text.
"PARAGRAPH IV.- In the case of Dominican spouses residing abroad, the
conventions and stipulations may be prepared through holders of special powers
of attorney signed by them before a Notary Public of the Jurisdiction designated
by them in the document containing the power of attorney. In said conventions
and stipulations, the parties shall expressly bestow jurisdiction on a Judge
of First Instance of the very jurisdiction designated by them in the power
of attorney, to take cognizance of and render a decision on the Divorce."
"PARAGRAPH V.- Foreigners who are in the country although they are not
residents may have themselves divorced by Mutual Consent, provided that, while
at least one of them is present at the hearing, and the other represented by
the holder of a special power of attorney, they expressly agree to attribute
jurisdiction to a Judge of First Instance in the instrument of conventions
and stipulations executed by a Notary Public of the very jurisdiction of the
Court designated by them. For a case as it is provided for in this Paragraph,
the provisions of Art. 27 of this law shall not be applicable."
Act. 2.- Paragraph II is added to Art. 30 of the Law No. 1306 bis, on
divorce, with the following text.
"PARAGRAPH II.- In the case provided for in Paragraph IV of Act. 28 of
this Law, the Judge shall admit the petition, establishing it within a term
of three days for the spouses to appear in court. Once the hearing in over,
the Court shall order the communication to the Office of the Prosecutor Attorney,
for it to render A statement within the time-limit of three working days, and
the Judge shall pronounce his decision within the three (3) following days."
Act. 3.- A paragraph is added to Art. No. 31 of the same law with the following
text.
"PARAGRAPH 1 .- In the case provided -for in FnrAgral-ii V of Art. 28
of this Law, once the judgment has been rendered, the Divorce shall be pronounced
by any Official of the Civil Register of the jurisdiction of the Court that
tried the case, upon presentation of a certified copy of the sentence, previously
transcribed onto the Civil Register, and the Findings thereof shall be published
in a newspaper of national circulation.
Act. 4.- In the cases of Dominican spouses residing abroad and foreigners who
are in the country, although non-residents, - provided in Pargraph IV and V
of Art. 28 of this Law in the written conclusion of both parties before the
Court empowered and acquainted with the demand shall adhere Internal Revenue
stamps of $25,00.
Act. 5.- This Law modifies, as for it be necessary, any legal disposition in
opposition to it.
GIVEN in the Meeting Room of the Senate, Palace of the National Congress, in
Santo Domingo de Guzman, National District, Capital of the Dominican Republic,
the 12th day of May, year 1971, 128th of the Independence and 108th of the
Restoration.
(signed) Adriano Uribe Silva President (signed) Josefina Portes de Valenzuela
Secretary (signed) Juan Rafael Peralta P. Ad-HoC Secretary
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