Divorce De Extranjeros De Igual Nationality
(Divorce of Foreigners from Like Nations)
Permanent nonresident plaintiff in the Dominican Republica. Notarized Official documents. Exception of incompetencia of the Court raised by the plaintiff with residence abroad. Documents property and assets acquired during the marriage not considered by the court.
Valid Marriage Certificate or copy of affidavit of same.
(Ver Sent, 29 of October, 1975, Bol Jud 779, paginas 2050-2052)
Divorce
The Courts authorized to address cases of divorce being indifferent to the type of marriage for persons in opposition by spouses. The spouse need not be in agreement and may default, in accordance with the plenary session the Constitution, the modification introduced by Law 1306-BIS of 1937. When property and assets acquired during the marriage is not considered by the court, then the Presiding Judge can waive personal appearance in lieu of affidavit and power of attorney.
Considering, which the Constitution of the Republica, in his I articulate 8, he consecrates and " he recognizes like purpose main of the State the effective protection of the rights of the human beings and the maintenance of the means that allow him to perfect progressively within an order of individual freedom and social justice, compatible with order I publish, the general well-being and the rights of all " and fixes the same text, " to guarantee the accomplishment of those aims ", a same series, the laws are not limited, and therefore the law does not exclude other rights from equal nature in regards to settling property and assets not adjudicated by this court in another court, the marriage being dissolved by this court, but the assets and property being dissolved in local or equal courts of the plantiff.
Considering, which between those rights of equal nature that the enumerated ones specifically by the Constitution of the Republica, and not excluding by, is necessary to recognize, next to others, the one to contract matimonio and the one to dissolve it, by of the divorce, consecrated and regulated both by the law, compatible with order I publish and the social welfare.
Considering, that consequently, the modification introduced by Ley No 3932 of 1954, to the Law 1306-Bis, from 19337, on Divorce, mediates that which establishes a presumption of resignation of perons to the civil faculty to request the divorce, by own selves or appointees to celebrate catolica marriage, , therefore, to apply it by the Civil Courts, it's incompatible dispositions with a rights of reconsideration, protected and guaranteed by the Constitution of the Republica in his it articulates 46.
(Ver Sent 1 of April, 1977, Bowl Jud. 797, paginas 612-613)
Divorce
Fixation of a National Pension to a minor by the sentence that pronounces the divorce. Fixation of the pension ad-liten to contribute to the expenses of the divorce.
Considering, that Court to - qua, when to modify ordinal third of sentence opposed in appeal, " as far as pension nutritional of minors " and to fix een sum of Quinientos Pesos Oro (RD$500.00) this pension, aside from which I do not apply I articulate 1ro. of the Law 2402, that senala like violet, I dictate single a measurement that has obviamentee the character of ransitoria and single it can be extended to the minors favored with the wife, hasts the day in which these reach court, and whose codification can manage the obliged father for means that the law decides to him that, in consequently must comply.
Considering, the examiniation of the opposed sentence and documents to that the spouse may refer is revealed that when confirming Ordinal the Fourth and Fifth of the sentence opposed in appeal, that fixes respectively to Four hundred Pesos Oro(RD$400.00) and Quinientos Pesos Oro (RD$500.00), pension legal fees that persons may demand will pass to the plaintiff to contribute to the expenses of the divorce, the Court a-qua I adopt the reasons for the First own Degree and add his affidavit is sufficient, that they justify its decision on the matter; reason why the means that examination.
