Yes, they will both have to agree in order to obtain the divorce under the special provisions of law 136-bis. In case she obtains her husband's consent on this, she would have to sign the power of attorney in her nearest Dominican consulate and send it to her husband so he will come down to the divorce hearing. If the consent is not obtained she would have to come down to the DR and file a regular divorce lawsuit against her husband. ( Not a problem if he does not want to appear in court, or suddenly disappears he would be served at the DA's due to unknown domicile. This process unlike the 1 day divorce, could take up to 4-6 months to finalize.
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