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05-22-2008, 06:18 AM
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Bronze
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Join Date: Mar 2004
Posts: 84
(10)
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Protocal for serving US divorce papers in the DR?
Hello,
What is the protocol for serving US divorce papers in the DR? Is there such this as a "process server" in the DR? Who/what type of official would typically do this i.e.lawyer, police, court official?
My Attorney's office here has no concept of how things work in the DR or how different it is... they are asking me for a contact (English speaking) that they/the Sheriff can pass the papers to for delivery, certification (satisfying both US & Dominican laws) and return of a certified document verifying delivery. They are adamant the Dominican laws be followed...
I have inquired by e-mail with office of Fabio Guzman, but am asking here also since they don't appear to have an office in the Barahona region. Any advice or suggested contact info is much appreciated.
Thank you, Jeanmarie
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05-22-2008, 07:16 AM
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Bronze
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Join Date: Dec 2006
Posts: 20
(10)
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Jeanmarie:
You will have to meet the requirements of process service for the state in which you have sued for divorce. Start by checking that state's process service requirements. Then, you should be able to use almost any notary or attorney here, provided they meet the requirements (for qualifications and the actual process service) of that state.
More than likely, the court in your state will require a sworn affidavit from the process server that they meet the qualifications and have carried out the due process properly. This is the same thing they require in the USA.
I'm not an attorney, but I have had to do this in other countries for New York State issues before.
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05-22-2008, 02:37 PM
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Silver
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Join Date: Jan 2004
Posts: 173
(32)
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Service by Publication
Ask your attorney if your jurisdiction allows service by publication....in the event you are not sure exactly where in the D.R. your spouse resides.
Respectfully,
Playacaribe2
Quote:
Originally Posted by jeanmarie
Hello,
What is the protocol for serving US divorce papers in the DR? Is there such this as a "process server" in the DR? Who/what type of official would typically do this i.e.lawyer, police, court official?
My Attorney's office here has no concept of how things work in the DR or how different it is... they are asking me for a contact (English speaking) that they/the Sheriff can pass the papers to for delivery, certification (satisfying both US & Dominican laws) and return of a certified document verifying delivery. They are adamant the Dominican laws be followed...
I have inquired by e-mail with office of Fabio Guzman, but am asking here also since they don't appear to have an office in the Barahona region. Any advice or suggested contact info is much appreciated.
Thank you, Jeanmarie
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05-23-2008, 11:19 AM
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Bronze
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Join Date: May 2008
Posts: 2
(10)
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im going to answer this as good as posible so forget my english please, the office to do that procidure is called juez de paz in english wold be a judge that works in registro civil or civil registation, but to admit american paper you need the certificate of divorce translated and certificated by your autorities,then i suposse not sure shoul be delivery to the american embassy in dominican republic then should be sended to cancilleria to be certified again and then go to civil registration.
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05-24-2008, 08:50 PM
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Gold
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Join Date: Feb 2007
Posts: 1,347
(69)
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You need to contact "Alguacil". He serves the papers and makes a sworn affidavit.
A local lowayer can draft a necessary document, it costs usually RD$500 to RD$1000 depending on the lawyer's location (and Gringo fees). They also usually know alguacils in the area. Then you need to pay alguacil RD$500 and above (depending on the distance they need to travel).
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05-27-2008, 05:29 PM
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DR1 Expert
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Join Date: Jan 2002
Posts: 1,337
(117)
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The RD$500 to RD$1000 fee for the lawyer quoted is highly unrealistic, assuming he or she will have to bilingual, etc.
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06-02-2008, 10:23 AM
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Bronze
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Join Date: Mar 2004
Posts: 84
(10)
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Guzman
Thnak you for your replies...
I am proceeding under what is so far the highly professional care of Attorneys Maycar Mejia & Binell Roa from the SD Office of Guzman Ariza.
I will post as to the outcome and what I learn to be the protocol once the process is finished for the sake of those doing future searches on the subject.
Jeanmarie
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07-19-2008, 06:06 AM
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Bronze
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Join Date: Mar 2004
Posts: 84
(10)
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Update
The Guzman firm successfully served my US divorce papers in the DR yesterday. The whole process, including translation and travel, was carried out efficiently, professionally, and with reasonable fees.
If anyone has questions about this process please pm me, or simpy contact Guzman & Ariza... they made it effortless... thank you.
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