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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16054
Experience:  Licensed Texas General Practice Attorney
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Me and my wife live in florida. we both want a quick divorce

Customer Question

me and my wife live in florida. we both want a quick divorce since we have no kids or property or debt. can we go to the Dominican Republic and get a Quik divorce and have it be official?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

Unfortunately, unless either you and/or your wife are residents of the Dominican Republic, you wouldn't be able to get a divorce that would be recognized in the United States.

You and/or your spouse would need to be a resident of the Dominican Republic for a period of six months before applying for the divorce, which is the residency requirement imposed by Florida law to obtain a divorce. § 61.021, Fla. Stat. (1999).  Florida courts have determined that lack of residency in the Dominican Republic equates with a lack of subject-matter jurisdiction.   See, e.g., Orbe v. Orbe, 651 So.2d 1295 (Fla. 5th DCA 1995).   Accordingly, even if your divorce would be apparently valid in the Dominican Republic, which has no residency requirements and which has, since 1971, recognized divorces for non-resident foreigners based on “mutual consent,” Florida refuses to recognize such a divorce. Also see Lopes v Lopes 852 So 2d 402 (5th DCA, 2003).

The point here is that you can get a piece of paper that says you're divorced, but according to Florida you'd still be married. If you tried to marry someone else, etc... that would be a void ab initio marriage that could be annulled at any point after that marriage (because you'd still be married under Florida law).

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

I see you have not responded in some time. Did you wish to continue with this question?

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Hello?

Expert:  ScottyMacEsq replied 1 year ago.

I am still waiting for your response or rating...

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