Online Divorce

November 21st, 2008
  • Apart from the Dominican Republic and Haiti are there any countries that offer a fast contested divorce where the parties arn't required to appear? I would like to know of any countries where a divorce certificate, legal in the country of issue can be quickly obtained without having to appear in court in that country. I would like to know the countries and a firm law with website and email address and the price and time frame for a contested divorce.


  • Dear iain72, I have located one country that offers a fast divorce where the parties are not required to appear. This country is a U.S. held territory. I can provide you with the website of the law firm that is licensed to practice there with their email address, the fees and timeframe for this service. Would this information be a satisfactory answer to your question? Thanks, Bobbie7


  • Dear Bobby7, That is good enough for me. The only requirement is that it is a contested divorce meaning only one party will sign the papers. Thankyou.


  • Dear iain72, Unfortunately both parties must sign the divorce papers. This question will remain open and hopefully another researcher will have better luck and find the answer you require. Sincerely, Bobbie7


  • Thanks


  • Hello iain72-ga: I have found information about obtaining an online divorce, without having to actually appear in the court room. Your stipulation: "The only requirement is that it is a contested divorce meaning only one party will sign the papers." You're saying your spouse is refusing to give you a divorce? A judge can grant a divorce in cases where one party doesn't want the divorce, but this will slow things down a bit. It would help to know: 1. Are you and your spouse fighting over custody of children, or how to divide up money and other material assets? 2. In which country or U.S. state do you reside? That is very key, as Pinkfreud-ga has noted. You may have seen ads or heard stories about quickie foreign divorces, but many of those are actually scams. I am trying to find ways you can obtain a legitimate divorce without having to appear in court, so it would help if you could answer the two questions I've listed for you. Thank you for your help, nancylynn-ga


  • Hello iain72-ga: I have found one firm that fits all your needs, but first, let me start off this answer with a good, all-purpose disclaimer/cautionary note from Nevada Divorce Net: http://www.nevadadivorce.net/simplified_court_divorce.php "You should be cautious of companies selling Dominican, Haiti, Mexico or other country divorces without requiring a personal appearance (if required by that country) or without both parties signing the divorce papers. According to the Dominican Republic Embassy and Mexico Embassy some companies are selling divorces that are invalid in the Dominican Republic, Mexico and the United States. These divorces are valid in the Dominican Republic, Mexico and the United States only when both spouses sign the divorce papers and (if required by that country) one spouse appears for the hearing in the foreign country, or as is the case in Mexico, one party has resided in Mexico for 6 months. Also, please take note that some overseas companies that claim business addresses in Florida or elsewhere in the U.S. are not in fact located here, but rather are overseas companies." A major point to keep in mind is, if your divorce is only recognized in the country in which it was granted, you may not be able to re-marry without committing bigamy, a serious offense in most countries, including the United States. OK, now that that's out of the way: Global Divorce is the only and only service I can find that fits all your parameters: it doesn't require your spouse to sign papers, or you to appear in court because you grant the firm power of attorney to represent you in court. That is, the lawyer acts as your "stand-in": http://globaldivorce.itgo.com: "Is This Legal? Now, in the real world, it works like this: You get a Global Divorce? through the Dominican Republic, Haiti or Mexico, any State in the U.S., Canada or any other jurisdiction and it's legal as long as it was properly done according to the laws of the jurisdiction where it was done and it's also considered valid. In the case of the Global Divorce? do through the Dominican Republic, Haiti or Mexico or State Court Magistrate, attaches a statement that says the divorce is worthy of "Full Faith and Credit". At that point it's as valid as any other divorce. And, if no one ever challenges the divorce in court, it remains forever valid. "But what happens if someone DOES challenge the validity of a specific Global Divorce?? THAT'S when you get into the whole can of worms called civil law. Anything can happen - whether you're talkingabout Global Divorce? or German divorce or any other type of legal action. The point is, that Global Divorce? is just as valid - not more so - not less so - than a divorce issued by any other jurisdiction." Read Global Divorce's FAQ: http://globaldivorce.itgo.com/faq.html This firm fits all of your parameters: the divorce can be obtained quickly in either Haiti, Guam, or Mexico. (Whichever country is most in alignment with your situation re: contested divorce.) It isn't necessary for either spouse to appear in court, as you will be granting (I'm assuming "temporary"!) power of attorney to Global Divorce. "This allows our lawyers to legally act on your behalf as it regards to divorce and eliminates your need to travel." "What if my spouse does not agree? A Global Divorce can still be granted. The Dominican Republic, Mexican and Haitian Divorce Court issues a Notification to be posted. If there is no response by your spouse in a timely manner, then your divorce is granted by default. No one can make you stay married to them! "Are Global Divorces Legal? Among the states that have expressly recognized this principle are New York (Rosenstiel v. Rosenstiel, 16 N.Y.2d 64, 209 N.E.2d 709, 262 N.Y.S.2d 86[1965]),Connecticut (Yoder v. Yoder, 31 Conn. Supp. 345, 330 A.2d 825[1974])Wood v. Wood 16 N.Y. 2nd. 64 (65). Even the Internal Revenue Service recognizes Global divorces. Estate of Felt v. Comm'r, 54 T.C.M. (CCH) 528 (1987). When entered into in good faith and not for a sham tax-avoidance purpose, the Internal Revenue Service recognizes foreign divorces. Estate of Felt v. Comm'r, 54 T.C.M.(CCH) 528 (1987)." Global Divorce's phone number is 1-800-297-9102, or 1-414-241-6629. More information, see page: http://www.quickdivorce.freeservers.com/ At Global Divorce's homepage: http://globaldivorce.itgo.com Scroll down and you'll see they're partnered with Internet Legal Referrals, Inc. Contact Information for Internet Legal Referrals, Inc. Phone 414-241-6629 (which is also the toll number for Global Divorce, above.) E-mail: offshore44@juno.com Regular mail: Internet Legal Referrals (PMB-180) 3473 S. MLK Chicago,UI 60616 (That address would be a private mail box at -- I believe -- the University of Illinois at Chicago) You can also contact Global Divorce to ask them a question via e-mail at their FAQ page: http://globaldivorce.itgo.com/faq.html Please note that when I did a separate Web search for "Internet Legal Referrals, Inc.," I got a match with "Off Shore Legal Referrals," which has the same address as Internet Legal Referrals, Inc., and a reprint of "Is This Legal?" at: http://www.4law.co.il/Le581.htm and that site is linked to Global Divorce. Also see another "Antilles Offshore" site: http://fastdivorce.tripod.com "Before seeking a divorce in the Dominican Republic, U.S. citizens should be aware of possible legal restrictions by their state of residence on divorces obtained abroad. It is advisable to contact an attorney of your state of residence to determine whether or not the courts of your state will recognize a Dominican Republic divorce as valid . . . . A foreigner can obtain a divorce for cause (e.g., incompatibility of character, adultery, etc.). The divorce for cause requires the personal appearance of the plaintiff *or his representative* . . . ." In the menu at left, see "FAQ." When you click on it, it brings up: http://fastdivorce.tripod.com/faq.html which is a duplicate of Global Divorce's FAQ. So, you get the picture: All roads lead to Global Divorce. I did search the Better Business Bureau's Chicago office online at http://lookup.bbb.org/BureauSearchResults.asp?USZip=60601&CCity=CHICAGO&CStat=IL but failed to find any reports/complaints on Internet Legal Referrals, Inc., Off Shore Legal Referrals, or Global Divorce. If it would make you feel more comfortable, contact the Illinois Attorney General's Office: http://www.ag.state.il.us/email_2.htm concerning Internet Legal Referrals and Inc. and Off Shore Legal Referrals, Inc., of Chicago. Also, I did call Global Divorce's 1-800-297-9102 to ask a few questions, but they have a recording that asks you to leave a "very detailed" message concerning your case. So, when you call them, be prepared for exactly what and how much you want to tell them. As part of your message, you must leave a phone number where they can call you back! THE NEXT BEST THING: Fresh Pond Travel Agency's Foreign Divorce Department: Divorce Fast http://www.divorcefast.com/ This firm can help you get a quick contested divorce in Haiti, but you must appear at a brief hearing in a Haiti court room. You don't even have stay in the country overnight; you can just fly in to make the court appearance. In a contested divorce in Haiti, the divorce will become final 21 days after the judge grants your request. (In contrast, a mutual consent divorce is final within 1 or 2 days. ) However, as you know, this isn't a very good time to visit Haiti -- even for just a day! But things may settle down there soon, and you may want to consider a Haiti divorce because your spouse doesn't have to sign any papers for you to be granted the divorce. I am giving you this travel-required resource for possible future reference, because you may eventually decide to -- or you may have no choice but to -- make a very brief trip to obtain a quick contested divorce, if things don't work out with Global Divorce. I'm afraid my Web searches resulted in very few options for getting a quick contested divorce with only one spouse's signatures on the divorce papers. Again, Global Divorce is the only firm I found that fits your needs precisely. North American Divorce: Since I'm not sure where you're located, and in case you are American or Canadian, try these services: Complete Case (well-known online service) http://www.completecase.com/index.html?referrer=google LegalZoom: http://www.legalzoom.com/?AID=5029468&PID=1141008 You will have to call them to discuss the intricacies of a contested divorce and the specific laws of the state or province in which you reside. Background Reading/Informative Articles: At LAMP Legal Eagle: http://www.ncbar.com/lamp/l_dvfaregl.htm read their "Overseas Divorce" page: ://www.google.com/search?q=cache:eguzzMchaAIJ:www.1id.army.mil/jag/info/WS-DIVORCE.doc+%22contested+divorce%22+one+party+won%27t+sign+papers&hl=en&ie=UTF-8 MSN Money's "Get An Online Divorce" by Jennifer Mulrean, at: http://moneycentral.msn.com/content/CollegeandFamily/Suddenlysingle/P56205.asp Focuses on the two North American resources I gave you: LegalZoom and CompleteCase. "Internet Divorce Not Worth Paper It's Printed On": http://abclocal.go.com/wabc/news/wabc_061303_internetdivorce.html From a New York-WABC news report, filed June 13, 2003, by Lauren Defranco. Fast Divorce Worldwide: http://www.dlawyers.com/ "Don't be fooled by some paralegal services, unscrupulous attorneys or phantom Internet companies, that offer you a divorce in Dominican Republic by proxy, by mail, without traveling and/or *without the consent of your spouse.* "Dominican Divorce Law No.142 is clear: both parties must agree to file for divorce, both parties must sign the divorce documents, and at least one of them must appear before the Judge the day of the hearing, in Dominican Republic." Divorce Information Source: http://www.divorceinformationsource.com is a good reference resource. Search Strings: "divorce AND online AND contested "fast contested divorce" "quick contested divorce" " 'contested divorce' 'one party won't sign papers' " " 'fast divorce' AND contested AND 'won't sign papers' " "valid overseas divorce" " 'Global Divorce' AND scam" " 'temporary power of attorney' AND foreign AND divorce" "fast divorce spouse won't sign papers" "need quick contested divorce" " 'quick divorce' AND 'contested' " " 'Offshore Legal Referrals' AND complaints" "Mexico quick divorce" I hope my research is of help to you. If you have trouble navigating any of these links, or if you need me to clarify anything, please post a "Request For Clarification" prior to rating my answer. Regards, nancylynn-ga


  • My question was:" Apart from the Dominican Republic and Haiti are there any countries that offer a fast contested divorce where the parties arn't required to appear? " Your answer mentions Mexico, Guam, Dominican Republic and Haiti. Mexico requires a party have resided in Mexico for 6 months to complete a contested divorce. Guam does not offer contested divorce without a court appearance. My queston is which country or countries apart from Dominican Republic and Haiti offer a fast contested divorce where the parties arn't required to appear?


  • Hello iain72-ga: Judging by the second part of the question you posted: "I would like to know of any countries where a divorce certificate, legal in the country of issue can be quickly obtained without having to appear in court in that country. I would like to know the countries and a firm law with website and email address and the price and time frame for a contested divorce." That, combined with your conversation with bobbie7-ga, gave the impression (at least to me) that your main concern was obtaining a divorce wherever you could, so long as you didn't have to appear in court, and regardless of the fact that your spouse is refusing to sign any papers. Global Divorce is saying its lawyers can act as a stand-in for the plaintiff if the plaintiff agrees to give those attorneys power of attorney to represent them in court. From what I read, I believe that would be applicable in the Dominican Republic and Haiti. (I'm aware of the six month residency requirement for Mexico.) Global Divorce's site(s) sort of have a blanket, catch-all approach, which is why I called them to ask about your specific situation: someone who doesn't want to travel (or who can't travel), AND whose spouse is contesting the divorce and won't sign anything. If you'd like, I can try calling them again or e-mailing them to ask them to confirm that this would be Haiti or the Dominican Republic where they would represent a party via power of attorney. So, in answer to the question you posed (which I took as two inter-related questions): "Apart from the Dominican Republic and Haiti are there any countries that offer a fast contested divorce where the parties arn't required to appear?" The answer is, there is no country, no jurisdiction on earth where you can obtain a *contested* divorce without appearing in court, in-person. (As you know, there are plenty of jurisdictions where you never have to set foot in court -- but only if the divorce is uncontested.) Regarding the second question you asked -- which is really what I wound up focusing on because it seemed to be the core, or most meaningful, issue to you: "I would like to know of any countries where a divorce certificate, legal in the country of issue can be quickly obtained without having to appear in court in that country. I would like to know the countries and a firm law with website and email address and the price and time frame for a contested divorce." My answer to that is: The only way around it, as far as I know, is Global Divorce's strategy of having a lawyer act as stand-in for the plaintiff in the court room. If you'd like, I will again phone Global Divorce and leave a message for them to call me. I'll then ask them to explain in which countries they could act as your representative in court, via power of attorney. Regards, nancylynn-ga


  • Hello again iain72-ga: I just want to let you know that I will be glad to do some more research to satisfy your needs. I am already in the process of contacting some legal experts. My understanding, based on the combination of your question and your RFCs, was that you urgently needed a divorce -- wherever you could obtain the divorce, especially as you'd said you'd be satisfied even if that divorce was only recognized as "legal in the country where it is issued." If I have misunderstood your needs, please let me know. Could this be an academic question; is this part of research you're doing for a law class? Please tell me precisely what it is you want. The more details we researchers have, the better we can hone in on finding just what the customer is seeking. I certainly want to do everything I can to assist you. Please feel free to post any information you feel would help me better understand what you need and want, so that I can find just what it is you want. Regards, nancylynn-ga


  • Hello again iain72-ga: I did hear back from Global Divorce, and I also found another firm that also represents divorce claimants via proxy. (The latter firm practices in the same countries as Global Divorce, with the addition of Pakistan, and says it can get you a "unilateral" divorce since your spouse won't sign papers.) First, Global Divorce: I asked them several key questions: I asked them if a client grants grant power of attorney to the firm to represent them in court: how long would that power of attorney last; what are the parameters? Global Divorce explained the Power of Attorney is a "limited to the 'granting of your divorce'." That part of their contract reads: "I grant to the Attorney herein named, such other powers as may be necessary in the divorce proceedings above described, including the right to file any appeal required, file cross actions, challenge Judges and to withdraw same, and, including the right to substitute this mandate and revoke such substitutions." I asked in which specific countries can they represent clients via power of attorney? They have lawyers in Mexico, the Dominican Republic and Haiti who can represent you. I also asked about Mexico, since you and I both understood there is a 6-month residency requirement. Their response surprised me: "There is not universal divorce law in Mexico, just as there is no universal law in the USA. Each County/State in the US has different divorce requirements, such is the case in Mexico: each Mexican state has its own requirements. We select those states where residency is done via power of attorney." I checked that at InternationalDivorce.com's page on Mexico: http://www.international-divorce.com/mexicodivorcelaw/ It indeed says: "Divorce laws vary somewhat from one state to another within the Republic of Mexico." Regarding your concerns that you must be able to obtain this divorce even though your spouse won't sign the papers. Global Divorce's response: "In cases where the spouse's signature is not available at the time of the application for divorce, then a notice must be posted to the missing spouse in the 'Country that actually grants the divorce'. "In practical terms her husband *will not know about the divorce* until she actually sends him a copy or has the attending attorney send him a copy. The divorce will be legally done, recorded, certified and then translated into English." "A divorce can be done, but property issues cannot be addressed. Additionally [if you were fighting over property or custody] the divorce can be challenged in her local court by her ex-spouse. The divorce would only dissolve the marriage and make no comment about property. The draw back is, that her husband can make her appear in court *as it relates to the property.* "If she is willing to forego all property, then a Global Divorce would work nicely for her." So, if you just plain want out of this marriage, the Global Divorce firm should meet your needs just fine. (I'm sure you're well aware that if you are fighting with your spouse over the division of property or custody of children, there is no way you can avoid going through the courts in the jurisdiction where you reside.) Their contact info again is: http://globaldivorce.itgo.com/faq.html (There is an e-mail form at that page. They WILL respond.) Or call 1-800-297-9102, or 1-414-241-6629. The other firm I found for you is Shalimar International Ltd's "Quick & Fast Divorce": http://www.angelfire.com/biz2/QuickDivorce/ Operates pretty much the same way as Global Divorce: one of their lawyers represents you by proxy, meaning you don't have to travel and make a court room appearance. "Currently we offer choice of four countries (based on court load and availability), Dominican Republic, Haiti, Mexico and Pakistan. "Regardless of where you got married, one can get a divorce in a foreign country, which is legally recognized by the U.S. courts. A legal divorce in one jurisdiction is honored in all other jurisdictions under the legal principle known as 'COMITY.' Under this principle of law, a divorce legally obtained in one state or another country receives 'full faith and credit' in all other states and countries that recognize divorce. "The legality of these foreign divorces were tried three times in the United States court: Twice in the Supreme Court of Appeals, Rosenstiel v. Rosenstiel, 16 NY 2nd 70 and Wood v. Wood, 16 NY 2nd 64, 65 and once in a single ruling rendered by the State of Illinois. All foreign divorces were upheld as valid and binding. "If only one of the parties signs, the divorce granted will be a Unilateral divorce (single party). "This is a simple divorce that does not deal with : (a) division of personal assets (b) child custody (c) Alimony. "Procedure for proxy divorce ( with no court appearance ) : All paper work is sent by mail, courier or telefax. Divorce is granted the next business day, after the receipt of paperwork. "Final decree: Following the granting of the official decree, together with an official English translation, is sent to us by courier within 7 - 10 days. Decree is then sent by mail to the client. Accordingly, client receives the final decree of divorce within approximately two weeks of filling with us. "Attorneys handling your divorce will be qualified, licensed, and very experienced and able to represent you in court promptly and efficiently per your instructions. If your divorce is not granted for any reason, your money will be refunded." They have an e-mail form at the bottom of that page: FastDivorce@yahoo.com A good all-purpose reference site for you is InternationalDivorce.com: http://www.international-divorce.com which is maintained by the international law firm of Morley & Trager, which is based in New York City. At left, in the menu on the above page, scroll all the way down to "International Family Law," which provides links to overviews of divorce laws in numerous, various countries where this firm has practiced. I would also recommend that you contact attorney Jeremy Morley who is the head of "International Divorce Law Office" at the firm of Morley & Trager. Read about him at: http://www.international-divorce.com/jeremymorley/ His contact information is: E-mail: jmorley@bigplanet.com Toll-free Phone: 888-393-1923 (That is also the fax number). Phone Number for outside the USA: 1-201-224-2219 Morley asks that you send him an e-mail explaining your situation in detail, then arrange to telephone him. There is a charge for the telephone consultation. Even though you've said you'll be satisfied if the divorce is recognized ONLY in the country where it is granted, I feel compelled to again remind you of the potential pitfalls. So, I would think the cost of a consult with someone like Mr. Morley would be well worth it. He has the expertise to advise you very comprehensively; especially concerning the pitfalls of a divorce that may not be recognized outside the country where it was issued. Here is a cautionary article worth reading: Wired News' June 5, 1998 article "The Three-Day Divorce Wonder," by Craig Bickell: http://www.wired.com/news/business/0,1367,12778,00.html I hope this additional information helps you. Regards, nancylynn-ga


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