Dominican Republic Lawyer
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  #1  
Old 06-21-2009, 01:52 PM
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SH6811 Level 1 (10)
Default relationship rights?

Greetings,

I'd like to get some information regarding the rights of both a foreign (American) man involved in a relationship with a Dominican woman.

If the couple is not married and mutually choose to end the relationship, but lived together for a few months and there is a pregnancy involved...what legal rights (if any) does the woman have in regards to demanding money and/or access to Dominican-based assets?

I've heard talk of involving the local "fiscal" and/or the police however I've also seen conflicting information...any advice greatly appreciated.
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  #2  
Old 06-22-2009, 10:56 AM
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Castellamonte Level 3 Castellamonte Level 3 (176)
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Quote:
Originally Posted by SH6811 View Post
Greetings,

I'd like to get some information regarding the rights of both a foreign (American) man involved in a relationship with a Dominican woman.

If the couple is not married and mutually choose to end the relationship, but lived together for a few months and there is a pregnancy involved...what legal rights (if any) does the woman have in regards to demanding money and/or access to Dominican-based assets?

I've heard talk of involving the local "fiscal" and/or the police however I've also seen conflicting information...any advice greatly appreciated.
"Legally" there is very little, "morally" there is obviously a need to care for the unborn as s/he should not be have to pay for the difficulties.

That said, there is a common theme you will discover with the local 'fiscal' (a District Attorney, in effect). If the lady claims she was forced into the relationship, beaten, forced to have sex, etc. etc. then the fiscal can be very difficult. If possible, it is best to resolve it before getting the court system involved.

The strange thing in this country is that the lady can claim a lot and then you get the job of proving you did not do . Proving a negative is pretty difficult!
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  #3  
Old 06-22-2009, 11:05 AM
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Vacara Level 2 Vacara Level 2 (119)
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Quote:
Originally Posted by Castellamonte View Post
"Legally" there is very little, "morally" there is obviously a need to care for the unborn as s/he should not be have to pay for the difficulties.
Not accurate, legally they'll nail the guy to the wall and cut his male apparatus, 2402 is the name of the law that deal with child support and it's been long considered the only law nobody can escape from in DR. Family courts are often presided by women whose only purpose is to make the father pay, those are not family courts but rather slaughter houses where they butcher men one at a time.
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  #4  
Old 06-22-2009, 11:47 AM
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AnnaC Level 7 AnnaC Level 7 AnnaC Level 7 AnnaC Level 7 AnnaC Level 7 AnnaC Level 7 (562)
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Quote:
Originally Posted by Vacara View Post
Family courts are often presided by women whose only purpose is to make the father pay, those are not family courts but rather slaughter houses where they butcher men one at a time.

Oh stop with the drama. You make a mistake, get a DNA test then step up to the plate and be responsible for your mistakes.

Quote:
from Mr Guzman

Yes, your child has the right to receive support from his or her father (Articles 170 and 171 of Law #136-03 - "Codigo del Menor"). You can begin proceedings against him here in the Dominican Republic if he lives here.
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  #5  
Old 06-22-2009, 01:21 PM
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SH6811 Level 1 (10)
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Thank you for the replies. Once again there seems to be a bit of conflicting information. The original post is not really a question of child support, but rather one of what rights the woman may or may not have in regards to monetary compensation for herself, as well as her ability (or lack thereof) to claim the assets of the man involved.
For example, I've heard of situations whereby a man might pay for an apartment and food for a woman...which goes beyond "child support"...thus my question is more in regards to support for the woman rather than the child...just to make myself a bit more clear. Thank you in advance.
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  #6  
Old 06-22-2009, 01:29 PM
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MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 (578)
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he does not need to support his ex-lover nor share his assets with her.
the info in case of the child support is stated above.
Mike
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  #7  
Old 06-23-2009, 04:55 PM
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Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 Fabio J. Guzman Level 4 (250)
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Each spouse married under community property rules owns 50% of all community assets, and in case of divorce, has rights over 50% of those assets.

The question is whether a Dominican Court will apply the same principle to a couple living together but not married. Some lower courts have done so during this decade; however, the Supreme Court has overturned each one of those rulings.
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Old 06-23-2009, 05:08 PM
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SH6811 Level 1 (10)
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Once again thank you for the replies and the legal insight Mr. Guzman.
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  #9  
Old 06-23-2009, 06:44 PM
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MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 MikeFisher Level 7 (578)
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great info like always, Fabio, thanks.

interesting to read that lower courts tend to go the other way but finally get overruled again by the supreme court, sounds like a wast of courthours.

is there no time period when a not married couple would then on count as a married couple?
just curious.
thanks
Mike
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  #10  
Old 06-24-2009, 04:17 PM
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DRICK1274 Level 1 (23)
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Quote:
Originally Posted by SH6811 View Post
Greetings,

I'd like to get some information regarding the rights of both a foreign (American) man involved in a relationship with a Dominican woman.

If the couple is not married and mutually choose to end the relationship, but lived together for a few months and there is a pregnancy involved...what legal rights (if any) does the woman have in regards to demanding money and/or access to Dominican-based assets?

I've heard talk of involving the local "fiscal" and/or the police however I've also seen conflicting information...any advice greatly appreciated.
Next time use a Condon. these guys kill me going down there making babies then looking for a way out or shirking their responsilities.Just be glad all you ended up with was a baby.
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