International Law Office Dominicana, S.A.

For information call 480-626-0209 or  800-676-1589

 

 

 

 

 

 

I, CARMEN GISELA CORNIELLE DE LOPEZ, Judicial Interpreter of the Court of First Instance of the National District, CERTIFY and GIVE FAITH that I have translated from the Official Gazette No. 9229 of June 9th, 1971 - written in Spanish to the English version, the Law No. 142, which amends Law No. 1306 bis, on Divorce - to the best of my knowledge and belief, as follows:

 

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, on divorce, with the following text.

 

"PARAGRAPH II.- In the case provided for in Paragraph V 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 following text.

 

"PARAGRAPH 1 .- In the case provided for in Paragraph 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 circulation.

 

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

 

DICTATED in the Room of Sessions of the Deputies Chamber, Palace of the National Congress, in Santo Domingo de Guzman, National District, Capital of the Dominican Republic, on the eighteenth day of the month of May, year one thousand nine hundred and seventy one,. 128 years from the Independence and 108 from the Restoration.

 

 

(signed)

Atilio Guzman Fernando

President

(signed)

Caridad R. de Sobrino

Secretary

 

 

(signed)

Jacquelin Chain de Cornielle

Ad-HoC Secretary

 

JOAQUIN BALAGUER

PRESIDENT OF THE DOMINICAN REPUBLIC

 

In the exercise of the power bestowed to me by the Article 55 of the Constitution of the Republic :

 

I promulgate the present Law, and order that it be published in the Official Gazette in order, that it be known and it be complied with.

 

Given in Santo Domingo de Guzman, National District, Capital of the Dominican Republic, on the fourth day of June,, year one thousand nine hundred and seventy one: 128th year of the Independence and 108th from the Restoration.

 

 

 

(signed)

JOAQUIN BALAGUER

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, this 30th day of the month of July, year 1975, in Santo Domingo de Guzman, capital of the Dominican Republic, at request of the interested party(ies).-

 

I.R. Stamp of RD$1.00

 

 

(signed)

CARMEN GISELA CORNIELE DE LOPEZ

Judicial Interpreter

(seal)

 

For information call 480-626-0209 or  800-676-1589