As a general matter, Dominican divorces are looked upon with disfavor in the United States. Where neither party was domiciled in the Dominican Republic prior to the divorce, a U.S. court is not required to grant "comity" - to give blind recognition to - the foreign decree. Substantially all jurisdictions will prohibit the spouse who consented to the divorce from attacking it later under a principle of fairness called "estoppel"; with both of the parties themselves consenting to the divorce, there is no one left to attack it. It is therefore absolutely essential that evidence of the consent of the non-appearing spouse be maintained indefinitely, as important rights may turn on a reviewing court's evaluation of that consent.
One of the few states to give recognition to bilateral Dominican divorces is New York (Rosenstiel v. Rosenstiel, 16 N.Y.2d 64, 209 N.E.2d 709, 262 N.Y.S.2d 86 [1965]). In New York, both parties must participate in the divorce (i.e., there must be written consent of the non-appearing spouse), and one party must physically travel and appear in person before the court in the Dominican Republic.
Many other state courts which have faced the question of a foreign divorce where both parties participate in the divorce proceedings but neither obtains domicile there have followed the view that such a divorce is invalid. Weber v. Weber, 200 Neb. 659, 265 N.W.2d 436 (1978); Everett v. Everett, 345 So. 2d 586 (La. Ct. App. 1977); Kugler v. Haitian Tours, Inc., 120 N.J. Super. 260, 293 A.2d 706 (1972); Estate of Steffke v. Wisconsin Department of Revenue, 65 Wis.2d 199, 222 N.W.2d 628 (1974); Commonwealth v. Doughty, 187 Pa. Super. 499, 144 A.2d 521 (1958); Bobala v. Bobala, 68 Ohio App. 63, 33 N.E.2d 845 (1940); Golden v. Golden, 41 N.M. 356, 68 P.2d 928 (1937). In addition, this rule prevails in six States - California, Nebraska, New Hampshire, North Dakota, South Carolina, and Wisconsin - by virtue of the enactment by these legislatures of a provision of the Uniform Divorce Recognition Act, 9A U.L.A. 461 (Supp. 1965), which specifically denies recognition to a divorce decree obtained in another jurisdiction when both spouses were domiciled in the home state.
Whether or not a Dominican divorce will be recognized in a foreign jurisdiction (including the United States) will depend on the laws of the foreign jurisdiction. Because these rights are valuable and important legal rights, the services of a competent attorney must be sought.
Basically, it is iffy .. and should be avoided, especially if there is a chance that you want to contest or change something later.
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08-13-2000, 01:10 PM
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