Legal Question in Family Law in New York
Legality of Dominican Republic Divorce and Conversion
I am involved with a woman who received a ''divorce'' in the Dominican Republic in 1996. She said her husband agreed to it in writing and she went in person to D.R. to get the divorce. Is this divorce legal in New York State and what would she need to do to make it legal in NYS?
2 Answers from Attorneys
Re: Legality of Dominican Republic Divorce and Conversion
If the dominican republic had jurisdiction
under the laws of the dominican republic,
New York will recognize the validity of the
divorce. I do not profess to know the
laws of the Dominican Republic. It could
well be that they do.
Further, the only person to complain would
be the spouse who was divorced. If there
was written consent on their part, any court
would prevent them from now complaining
absent fraud.
What was the purpose of the question - why
the need to determine validity. Remarriage
licensing, etc.?
Re: Legality of Dominican Republic Divorce and Conversion
A Dominican Republic divorce will be recognized in New York courts when both parties participated in the process, as was the case here. There is nothing further to be done in order to 'make it legal' in New York. The Dom Rep decree will allow the woman to remarry in New York. Jeremy Morley