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Dominican Divorce

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Submitted By jle87
Words 464
Pages 2
TO: Client
FROM: , Paralegal Student
DATE: June 5, 2013
RE: Dominican Divorce

I have done some research into the option of a Dominican Divorce to help remedy your current marriage quickly. There is more to a Dominican Divorce than what initially meets the eye.
As you read, these types of divorces do offer expedient and affordable valid divorce decrees. There is no fault required for a Dominican Divorce. In the Dominican Republic there is no residency requirement that needs to be fulfilled and only one party needs to be present in the Dominican Republic for the divorce to take place. For the purposes of the divorce you would need to remain in the country for at least two days. On the first day you file your complaint and then on the second day the hearing for the divorce is held and then you are able to leave the country after 2pm.
As they say, if it sounds too good to be true, it probably is. This statement is true for this situation. It is not likely that the State of Florida is likely to see your Dominican Divorce as valid. Florida feels that if neither of the parties involved in the divorce was a resident of the country when the divorce was granted the divorce is not entitled to recognition within the states. The states are not required to give force and effect to foreign judgments.
Lambert v. Lambert, No. 87-1250, Court of Appeal of Florida, Fourth District, 524 So. 2d 686 “The Dominican Republic divorce was invalid because neither party had ever been resident of the Dominican Republic.”
In Re Estate of Schorr. No. 79-1889, District Court of Appeals of Florida, Fourth Destrict. 409 So. 2d 487 “Residency was never established in the country of the judgments. This was a prerequisite for a divorce to be granted in Florida.”
In the case of Lopes v. Lopes, Florida once again refused to recognize a Dominican Republic divorce. This was because the residency requirement had not been met.
Because you do not reside in the Dominican Republic, the State of Florida would not recognize your Dominican divorce as valid and would essentially be a complete waste of your time and money. Florida is a no-fault divorce state, making it very easy to file for divorce as no fault is needed. You simply claim irreconcilable differences. Florida requires you to reside in Florida for 6 months before filling the petition for divorce per Florida Statute 6 1.020 1. This remedy to the marriage would take a bit longer as divorces in the United States takes traditionally longer than those in the Dominican Republic but at least it would be valid and you can legally marry your girl friend who is pregnant.

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