Quick Divorce in the Dominican Republic: Is It Still Possible?

For decades, the Dominican Republic was known internationally as a hub for “quickie” divorces. Couples looking to end their marriages swiftly, without the lengthy separation periods or complex litigation required in their home countries, often looked to the Caribbean for a solution. This process, known locally as “divorcio al vapor” (steam divorce), promised a dissolution of marriage in a matter of days.

However, the legal landscape has shifted over the years. With the introduction of new legislation regarding international private law, confusion has arisen among legal professionals and international citizens alike. Is the “fast track” option still on the table? Or have new regulations closed the door on express divorces for non-residents?

The short answer is yes, the option remains available. However, the path is not as straightforward as it once was. Recent laws have introduced significant nuances regarding jurisdiction that every applicant must understand before booking a flight to Santo Domingo.

The State of “A Vapor” Divorce Today

Despite rumors to the contrary, the “A Vapor” or express divorce is still a functional legal option in the Dominican Republic. This applies to both Dominican nationals and foreigners.

The primary appeal of this process remains its speed. Under the current system, it is possible to obtain a divorce decree in as little as seven to ten days. For couples who have mutually agreed to separate and wish to avoid dragging out the process for months or years, this efficiency is incredibly attractive.

However, while the speed remains the same, the legal justification for granting these divorces has become a subject of intense debate within the Dominican legal community. This is largely due to the enactment of Law No. 544-14.

The Conflict: Law No. 142 vs. Law No. 544-14

To understand the current situation, we have to look at two conflicting pieces of legislation.

Originally, Law No. 142 on Express Divorce was the governing statute. It explicitly allowed foreigners to divorce by mutual agreement in the Dominican Republic, even if they were not residents of the country. This law was the foundation of the “divorce tourism” industry.

However, this practice faced criticism from the international community. Many foreign legal systems viewed “A Vapor” divorces as a way to circumvent national jurisdiction—essentially, a loophole to bypass the stricter divorce laws of a couple’s home country.

In response to this pressure and a need to modernize the legal framework, the Dominican Republic enacted Law No. 544-14 on Private International Law in December 2014. This law introduced specific criteria regarding which courts have the power (jurisdiction) to hear family law cases.

The Nuances of Jurisdiction

The enactment of Law No. 544-14 introduced specific residency requirements that seemed, on the surface, to contradict the old “Express Divorce” law.

Article 15.3 of Law No. 544-14 outlines the jurisdiction of Dominican courts regarding personal and family relations. According to this article, Dominican courts have jurisdiction over separation and divorce proceedings only when:

1. Both spouses possess regular residence in the Dominican Republic at the time the lawsuit is filed.
2. The couple’s last common regular residence was in the Dominican Republic, and the plaintiff (the person filing) continues to reside there.
3. Both spouses hold Dominican nationality.

This language sparked immediate confusion. If the court only has jurisdiction when spouses reside in the country, does that automatically disqualify foreigners who fly in just for the procedure?

Interpretations of the Law

The legal community in the Dominican Republic is currently split on how to interpret these regulations.

One group of legal experts argues that Article 15.3 effectively repeals the older Law No. 142. Their stance is that because the new law sets strict residency requirements, the old provision allowing non-residents to divorce is no longer valid. Under this strict interpretation, a couple living in New York or London could not fly to the Dominican Republic solely to dissolve their marriage.

However, a second group of lawyers—and significantly, many judges—disagree. They argue that Law No. 544-14 does not explicitly repeal the special law concerning express divorce. They point to Article 12 of Law 544-14, which discusses the “Extension of Competence.”

Article 12 suggests that Dominican courts generally have jurisdiction when the parties involved “expressly or tacitly submit themselves” to said courts. By hiring a Dominican lawyer and filing for divorce in a Dominican court, the argument goes, the foreign couple is expressly submitting to the jurisdiction.

The Prevailing Criteria in Courts

So, what happens in practice? Despite the text of Article 15.3, the prevailing criteria in the Dominican judicial system leans toward keeping the process open.

Currently, Law No. 544-14 is not widely interpreted as repealing the laws concerning “A Vapor” divorce. The reality on the ground is that many courts across the Dominican Republic continue to accept divorce claims from foreigners who are not domiciled in the country.

Judges routinely process these applications, provided the paperwork is in order and the mutual consent of both parties is clearly established. This means that specialized family law attorneys can still successfully navigate the system to obtain a divorce decree for international clients.

The Vital Importance of Ratification

While obtaining the decree in the Dominican Republic is possible, it is only half the battle. A Dominican divorce decree is a piece of paper; its value depends entirely on whether it is recognized by the country where you actually live.

Before pursuing an express divorce, you must verify that your home country will accept the judgment. This process is often called ratification or transcription.

If your home country views the Dominican divorce as a “fraud to the law”—meaning they believe you went abroad solely to evade their own laws—they may refuse to recognize the divorce. If that happens, you would be legally divorced in the Caribbean but still married at home. This can cause significant legal headaches regarding remarriage, inheritance, and property division in the future.

Navigate Your Separation with Expert Guidance

The option for a quick divorce in the Dominican Republic remains open, offering a speedy resolution for those who need it. However, the introduction of Law No. 544-14 has added a layer of complexity that didn’t exist twenty years ago.

While the courts remain open to these cases, relying on outdated information can be risky. It is essential to work with specialized lawyers who understand the interplay between the old Law No. 142 and the new jurisdictional nuances of Law No. 544-14. Furthermore, ensuring that your decree will be valid in your home jurisdiction is a step you cannot afford to skip.

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Quick Divorce in the Dominican Republic: Is It Still Possible?
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Confused about “A Vapor” divorce laws? We explain how Law 544-14 impacts express divorce in the Dominican Republic and what you need to know about jurisdiction.