Divorce in the Dominican Republic
Divorce for Cause (for Dominican Citizens and Foreigners Residents of the Dominican Republic only)
Every divorce petition for a specific reason other than mutual consent, including incompatibility, adultery, abandonment of the home, great harm caused by one spouse to the other, alcoholism or drug addiction, criminal conviction by one of the spouses and absence of either spouse dictated by court, falls under the category of divorce by cause and shall be filed before the First Instance Court of the Judicial District where the defendant resides. If the defendant does not have a known residence in the country, it shall be done before the court where the plaintiff resides.
The plaintiff shall summon the defendant to appear at a hearing, which shall take place on the date and time indicated in the summons and where the parties shall present the documents and witnesses that support their claims. The hearing shall take place even if the defendant does not appear and once it is over, the court shall order that the case be sent to the Office of a Government Attorney for an opinion after which the judge will decide to grant the divorce, pronouncing the judgment publicly.
Every divorce judgment for a reason other than mutual consent shall order which one of the spouses shall stay in charge of the children but the judge may have to assent to the stipulations of the separation agreement, if there was one. If there is no such agreement, the judge shall order the following:
- Except in limited circumstances, all children up to four years of age shall stay under the care of the mother;
- Children older than four years shall stay with the spouse who obtained the divorce, unless the court, either at the request of the other spouse, another member of the family, or the Office of the Attorneys General, for the benefit of the children orders that custody of all or some of the children be granted to either the other spouse or a third person.
When the divorce is requested because one of the spouses has been convicted of a crime, the other spouse need only present the court with the judgment condemning the defendant spouse to prison, duly certified where it is stated that said judgment is not able to be changed by any of the ordinary legal ways.
Every order granting a divorce for reasons other than mutual consent may be appealed within two months after the date it is notified.
Once the term to appeal has expired and once the judgment has been registered in the corresponding Office of Civil Registry and Custodian of Mortgages, the party who obtained the divorce judgment will notify the other party and appear before any Officer of the Civil State to hear the divorce pronouncement. Furthermore, a publication of the judgment must appear in a newspaper of national circulation within eight days of the pronouncement.
Source: Foreigner's Guide to the Dominican Republic, Law Firm of Pellerano and Herrera, 1997.