Gemäss dominikanischem Recht kann eine von Ausländern
geschlossene Ehe innerhalb von 24 Stunden geschieden werden, wenn einer
der Ehepartner eine vom dominikanischen Konsulat des Herkunftslandes
beglaubigte Urkunde vorlegt, die einen in gegenseitigem Einvernehmen
gefassten Trennungsbeschluss bescheinigt. Der Ehepartner muss ebenfalls
einen dominikanischen Anwalt ermächtigen, ihn in dieser Sache
vor Gericht zu vertreten. Es gibt in unserem Land Rechtskanzleien,
die sich auf solche Fälle spezialisiert haben.
THE NATIONAL CONGRESS In the Name of the Republic
HAS DICTATED THE FOLLOWING LAW Number 142
Act. I.- Paragraph IV and V are added to Art. 28 of the Law No. 1306,
bis, on Divorce, with the following text.
"PARAGRAPH IV.- In the case of Dominican spouses residing abroad,
the conventions and stipulations may be prepared through holders of
special powers of attorney signed by them before a Notary Public of
the Jurisdiction designated by them in the document containing the
power of attorney. In said conventions and stipulations, the parties
shall expressly bestow jurisdiction on a Judge of First Instance of
the very jurisdiction designated by them in the power of attorney,
to take cognizance of and render a decision on the Divorce."
"PARAGRAPH V.- Foreigners who are in the country although they
are not residents may have themselves divorced by Mutual Consent, provided
that, while at least one of them is present at the hearing, and the
other represented by the holder of a special power of attorney, they
expressly agree to attribute jurisdiction to a Judge of First Instance
in the instrument of conventions and stipulations executed by a Notary
Public of the very jurisdiction of the Court designated by them. For
a case as it is provided for in this Paragraph, the provisions of Art.
27 of this law shall not be applicable."
Act. 2.- Paragraph II is added to Art. 30 of the Law No. 1306 bis,
divorce, with the following text.
"PARAGRAPH II.- In the case provided for in Paragraph IV of Act.
28 of this Law, the Judge shall admit the petition, establishing it
within a term of three days for the spouses to appear in court. Once
the hearing in over, the Court shall order the communication to the
Office of the Prosecutor Attorney, for it to render A statement within
the time-limit of three working days, and the Judge shall pronounce
his decision within the three (3) following days."
Act. 3.- A paragraph is added to Art. No. 31 of the same law with the
"PARAGRAPH 1 .- In the case provided -for in FnrAgral-ii V of
Art. 28 of this Law, once the judgment has been rendered, the Divorce
shall be pronounced by any Official of the Civil Register of the jurisdiction
of the Court that tried the case, upon presentation of a certified
copy of the sentence, previously transcribed onto the Civil Register,
and the Findings thereof shall be published in a newspaper of national
Act. 4.- In the cases of Dominican spouses residing abroad and foreigners
who are in the country, although non-residents, - provided in Pargraph
IV and V of Art. 28 of this Law in the written conclusion of both parties
before the Court empowered and acquainted with the demand shall adhere
Internal Revenue stamps of $25,00.
Act. 5.- This Law modifies, as for it be necessary, any legal disposition
in opposition to it.
GIVEN in the Meeting Room of the Senate, Palace of the National Congress,
in Santo Domingo de Guzman, National District, Capital of the Dominican
Republic, the 12th day of May, year 1971, 128th of the Independence
and 108th of the Restoration.
(signed) Adriano Uribe Silva President (signed) Josefina Portes de
Valenzuela Secretary (signed) Juan Rafael Peralta P. Ad-HoC Secretary