I never changed my name or did anything official here in the U.S. so I'm not sure if I'm legally married here? I have been asking him for a divorce, but he won't give me one. It would be cheaper for him to do the divorce there in the Dominican Republic (where we were married). He is Dominican and is still living there. I am an American citizen and we have a child together. I want to know if our marriage is legal under U.S. law before I go and hire an attorney to officially divorce him.
2007-12-24 08:31:42 · 12 answers · asked by sweetnsassy 1 in Family & Relationships ➔ Marriage & Divorce
Yes Dominican marriages ARE legal in the US, Dominican divorces on the other hand are not, it's that weird! Start the process here, you do not need him to agree to it, he will be notified via mail there.
2007-12-24 08:35:01 · answer #1 · answered by pura_rosa 7 · 3⤊ 0⤋
You're going to have to discuss this with a lawyer.
If the marriage was legal in the Dominican Republic, then it is legal here. You should be able to divorce your husband here if you no longer want to be married to him. Since he's not cooperating on the divorce, you will have to divorce him here rather than in the country your were married.
2007-12-24 16:47:13 · answer #2 · answered by Invisigoth 7 · 0⤊ 0⤋
Before seeking a divorce in the Dominican Republic, U.S. citizens should be aware of possible legal restrictions by their U.S. state of residence on divorces obtained abroad. It is advisable to contact an attorney in your state of residence to determine whether or not the courts of your state will recognize a Dominican divorce as valid. Some states, even if they will recognize Dominican divorces, may have special criteria or procedures particular to that state.
At a minimum, in order to be recognized in the U.S., the divorce decree must be "authenticated" by a U.S. Embassy consular officer. This authentication states only that the signature on the decree matches the signature of a Dominican official on record with the U.S. Embassy as an official competent and empowered to sign such a decree.
There are two types of divorces available to foreigners in the Dominican Republic: divorce by mutual consent and divorce for cause. The majority of Dominican divorces granted to foreigners are mutual consent divorces. In such divorces, the demanding party does not have to prove a specific cause for dissolving the bond of matrimony, but rather must show mutual agreement to dissolve the marriage. Although residency is not required, at least one of the parties must appear at the hearing. An attorney authorized by power of attorney duly filed in the Civil Registry Office may represent the other party.
A foreigner can obtain a divorce for cause (e.g., incompatibility of character, adultery, etc.) if he or she resided in the Dominican Republic and the cause of action or reason for the divorce arose during the period of residence. The divorce for cause requires the personal appearance of the plaintiff or his/her legal representative. In a divorce for cause, the judge has extensive powers, including the right to determine the disposition of marital properties and support payments, if any, for the spouse and children.
A divorce in the Dominican Republic, whether by mutual consent or for cause, has no effect or validity until such time as certain precise steps have been taken during the final phase of the divorce process. The judgment or "sentencia" must be rendered and filed in the Office of the Civil Registry, or "Oficina de Registro Civil." This filing date begins the 60-day period during which either party may appeal the judgment. The next step is to have the judgment "pronounced" by an appropriate, non-judicial official of the Office of the Civil Registry. The pronouncement ends the marriage. The parties are then considered single. Within eight days of the pronouncement, the divorce judgment must be published once in a newspaper of general circulation. This publication is the responsibility of the parties involved and/or their lawyer. Without the pronouncement and publication of the judgment, the divorce is not valid under Dominican law.
Among the different effects produced by divorce are:
a) Spouses who remarry each other may only do so under the same system that governed their prior marriage; and
b) Divorced women cannot get married again until 10 months after their divorce is finalized, unless her new husband is the same man she divorced.
2007-12-24 16:38:42 · answer #3 · answered by dreamsofanangel00 2 · 1⤊ 1⤋
Yes. Marriage licenses when people are of the opposite sex are valid and binding all over the world. Cough up the money and get a lawyer here.
2007-12-24 16:57:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Married in the DR yes, but was it recognized here? You don't state that. If so, yes you are married. If not, you are only married in the DR (different country) so don't worry about it. Just don't get involved in a fling with another DR citizen. I doubt they look kindly on adultery. I'm for women's power and US power - keep it local next time!
Happy Holidays!
2007-12-24 16:41:25 · answer #5 · answered by jennifer_weisz 5 · 2⤊ 1⤋
Hire an attorney. Choose that attorney wisely. You are married and the child is both of yours.
2007-12-24 16:43:07 · answer #6 · answered by jeff shaffer 2 · 1⤊ 0⤋
contact the records here in us and ask them about your records and what you should do to resolve this matter . your locale court house should be a good start. some place have a listing in the phone book.
www.tappsuniqueitems.net filled by mdntfever
2007-12-24 16:42:58 · answer #7 · answered by mdntfever 2 · 1⤊ 0⤋
Once you say "I DO" you are married even if you left him.
2007-12-24 16:45:49 · answer #8 · answered by conny 6 · 0⤊ 0⤋
Yes, you are married.
2007-12-24 16:37:42 · answer #9 · answered by Belen 5 · 2⤊ 0⤋
i would think you are.
but you'll have to ask a laywer.
2007-12-24 16:34:51 · answer #10 · answered by Amanda 2 · 1⤊ 1⤋