Family law

Divorce

A Dominican divorce can proceed by mutual consent, when both spouses agree on the terms, or on specific grounds, when one of them files a claim. The firm prepares the agreement or the claim, appears before the court, and completes the pronouncement before the Civil Registry.

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Divorce in the Dominican Republic is governed by Law 1306-bis of 1937 and its amendments. There are two main routes: divorce by mutual consent, based on an agreement between the spouses regarding the children and the assets, and divorce on specific grounds, which requires proving a legal cause, with incompatibility of temperament being the most commonly invoked.

When one or both spouses are foreign nationals, or the marriage took place outside the country, the rules of Law 544-14 on private international law come into play regarding jurisdiction and applicable law. The firm reviews these questions before proceeding so that the judgment is recognizable wherever the client needs it.

What this service covers

  • Divorce by mutual consent with or without assets
  • Divorce on specific grounds (incompatibility, abandonment, among others)
  • Agreements on custody, visitation, and child support
  • Liquidation of the marital estate
  • Recognition (exequatur) of divorces issued abroad

Common situations

  • Both parties agree

    A deed of stipulations is drafted and filed with the court; it is the fastest route.

  • One spouse lives outside the country

    It is possible to act through an apostilled power of attorney; we explain how to make it valid.

  • Assets exist in the Dominican Republic and abroad

    We coordinate the liquidation of local assets with the procedure in the other country.

How Balbuena Camps helps

  1. Reviewing the right route

    We verify whether mutual consent applies, including the special regime for foreign nationals, or whether a claim must be filed.

  2. Complete documentation

    Certificates, powers of attorney, inventory of assets, and agreement on the children, prepared for the court.

  3. Through to registration

    We obtain the judgment, have it pronounced before the Oficial del Estado Civil (civil registry officer), and update the marriage certificate.

How the process works

  1. Agreement or claim

    A notarial deed of stipulations (mutual consent) or a summons (specific grounds).

  2. Hearing

    Appearance before the court of first instance; in mutual consent cases, usually a single hearing.

  3. Judgment

    The court grants the divorce and approves the stipulations.

  4. Pronouncement

    Within the legal deadline, the divorce is pronounced before the Oficial del Estado Civil (civil registry officer) and noted in the marriage certificate.

Documents and information worth preparing

  • Marriage certificate (apostilled and translated if issued abroad)
  • Birth certificates of minor children
  • Identity documents or passports of both spouses
  • Inventory of shared assets and debts, if any
  • Apostilled power of attorney if one spouse will not appear

Attorneys who handle this area

Where we serve

Frequently asked questions

Do both spouses need to be in the country?

Not necessarily. In a divorce by mutual consent, the absent spouse may grant a special power of attorney, legalized or apostilled, so that an agent can represent them.

Is a Dominican divorce valid in my country?

Generally, yes, after legalization or apostille of the judgment and, in some countries, a recognition procedure. It is advisable to verify the requirements of the country of origin before starting.

Related legal resources

Sources and legal references

  1. Law 1306-bis on DivorceLey 1306-bis de 21 de mayo de 1937 sobre Divorcio y sus modificaciones · May 20, 1937Citation pending verification
  2. Law 544-14 on Private International LawLey 544-14 de 15 de octubre de 2014 de Derecho Internacional Privado de la República Dominicana · Oct 14, 2014Citation pending verification
  3. Dominican Civil CodeCódigo Civil de la República DominicanaCitation pending verification
Legal review
Pending review by an attorney

The information on this page is general guidance. It is not individualised legal advice and does not create an attorney-client relationship. Every situation should be assessed with an attorney.

Consultation

Discuss your divorce with the firm

We will indicate the applicable route, the documents needed, and a realistic timeline.

Request a consultationCall the firm · +1 809 261 5053

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