What advice you give to your younger self ? (Mistake that still regret )

[peter taradash]

"In Denmark, there is no wait time, as soon as you have clicked on YES to the "are you sure" question the process is completed.
Each party can sit behind their own screen and handled it in minutes!"

I point out that for a Denmark divorce," In order for your application for divorce to be processed in Denmark, either you or your spouse must be a permanent resident of Denmark or you must both be Danish nationals."
That makes most OCT readers ineligible for a divorce there.

"The Dominican Republic is the best country where to divorce. Your spouse can appear by way of POA, or through her lawyer, and in 15 days the process is completed."

I had a New York resident client get a DR divorce years ago with a p/a from the wife. When he got back to NYC, the wife said the divorce & financial settlement was not fair to her & not by informed mutual consent. The NY court ruled, "They may divorced in the eyes of the DR court system, but not in New York." So bottom line was the parties to a divorce, must both personally appear in the USA state where they reside.
To get a valid ABROAD DR divorce, they would need 1) Personal Appearance in DR of both spouses 2) an expensive DR lawyer, ..

There must be not the slightest question that the divorce & financial settlement was not only "Fair" but was agreed by "informed mutual consent with both parties represented by separate lawyers." If that is the case, getting an uncontested mutually agreeable financial settlement & divorce in the USA is cheaper & legally stronger.

 

[JohnLocke]

I point out that for a Denmark divorce," In order for your application for divorce to be processed in Denmark, either you or your spouse must be a permanent resident of Denmark or you must both be Danish nationals."
That makes most OCT readers ineligible for a divorce there.

You can highlight the text you want to REPLY to and then click REPLY so you don't have to type it all again.

In general, the wording here is very poor. I am exclusively talking about what is possible to do in Denmark if you live there and pay taxes there. A lot of Danes come to this forum, although not as many as from other countries.

The fact that one can come to DR as a non-resident and get divorced should also be clarified. And that as an American, one might think the whole world revolves around America, I can also understand.

Next time, one should phrase things more clearly.

PS: So you don't need to write your name every time you start a new post, people can see it in your avatar. And since you're posting it because you think people can find you better like on Google, it doesn't matter—they can also see it from your username.

 

[peter taradash]

Thanks for the clarification. I will use your very good advice in any future posts.
Under International Law, the status of one's marriage and the legality of a foreign divorce is ultimately decided by the forum where one or both parties to the marriage actually reside. So if a person gets a DR divorce and stays in the DR, that person is definitely divorced. But in the rest of the world a local court is still able to decide differently..
Usually the issue is not so much the status (i.e. marriage) but the financial split between the parties. Some (most) places favor generous awards to the woman. The reason Nevada is a popular divorce state is that their courts tend to financially favor the person who filed for the divorce (or even an annulment!) in Nevada.
Sometimes child custody is the issue. In Moslem countries the father gets the kids. In Christian countries unless she is judged unfit, the mother gets custody & child support for the kids (under 18 yrs old).
The DR Court will pretty much rubber stamp whatever the filing party wants. But the home country will not necessarily recognize the DR decree.
In my old days as a lawyer I saw some pretty crazy results like one the courts in one place (say Manila ) deciding that after a divorce anywhere, even if both parties had agreed, the parties were still married in The Philippines. All property was still community property because it was "against public policy" to recognize foreign divorces. There are many articles & books on the subject.

Where one party is not satisfied, even after a legally binding divorce signed by both parties, the local courts will hear all claims & decide arguments filed by the aggrieved party. The same is true when Pre-Nup agreements are involved. The court can decide if it was "fair" or otherwise.

You can highlight the text you want to REPLY to and then click REPLY so you don't have to type it all again.

In general, the wording here is very poor. I am exclusively talking about what is possible to do in Denmark if you live there and pay taxes there. A lot of Danes come to this forum, although not as many as from other countries.

The fact that one can come to DR as a non-resident and get divorced should also be clarified. And that as an American, one might think the whole world revolves around America, I can also understand.

Next time, one should phrase things more clearly.

PS: So you don't need to write your name every time you start a new post, people can see it in your avatar. And since you're posting it because you think people can find you better like on Google, it doesn't matter—they can also see it from your username.

 

[JohnLocke]

Thanks for the clarification. I will use your very good advice in any future posts.
Under International Law, the status of one's marriage and the legality of a foreign divorce is ultimately decided by the forum where one or both parties to the marriage actually reside. So if a person gets a DR divorce and stays in the DR, that person is definitely divorced. But in the rest of the world a local court is still able to decide differently..
Usually the issue is not so much the status (i.e. marriage) but the financial split between the parties. Some (most) places favor generous awards to the woman. The reason Nevada is a popular divorce state is that their courts tend to financially favor the person who filed for the divorce (or even an annulment!) in Nevada.
Sometimes child custody is the issue. In Moslem countries the father gets the kids. In Christian countries unless she is judged unfit, the mother gets custody & child support for the kids (under 18 yrs old).
The DR Court will pretty much rubber stamp whatever the filing party wants. But the home country will not necessarily recognize the DR decree.
In my old days as a lawyer I saw some pretty crazy results like one the courts in one place (say Manila ) deciding that after a divorce anywhere, even if both parties had agreed, the parties were still married in The Philippines. All property was still community property because it was "against public policy" to recognize foreign divorces. There are many articles & books on the subject.

Where one party is not satisfied, even after a legally binding divorce signed by both parties, the local courts will hear all claims & decide arguments filed by the aggrieved party. The same is true when Pre-Nup agreements are involved. The court can decide if it was "fair" or otherwise.

I wish I were as talented as you at debating something so trivial just to be right.

I'm out of the discussion; you apparently know the laws of life and have all the answers, so I don't need to involve myself anymore.

Have a good Pentecost.

 

[daniels27]

I would recommend reading the local laws on conflict of law / international private law in the country you actually reside or have ties to.
https://en.wikipedia.org/wiki/Conflict_of_lawshttps://de.wikipedia.org/wiki/Internationales_Privatrecht
These are the relevant laws which dictate whether a court proceeding will be accepted in your home country. In most jurisdictions a divorce from a third country will be legally accepted if either

• both partners have a residency there
• both partners accept the court ruling
• both partners were legally informed in their residence country about the proceedings

The discussion is then often less about "fair" but about the court's authority to even rule.

And for Denmark, I highly doubt that you need to be permanent residents, I guess even normal residence will suffice.

 

[peter taradash]

I wish I were as talented as you at debating something so trivial just to be right.

I'm out of the discussion; you apparently know the laws of life and have all the answers, so I don't need to involve myself anymore.

Have a good Pentecost.

Gosh, I am not trying to be a smart-a*s- always right.
I only know answers to stuff I have been thru myself or with clients.
Am posting here only to give accurate & helpful info ... I am retired and have extra time on my hands.. For someone facing a divorce, it helps a lot to know all the facts. I just gave an itsy bitsy taste. Of course the "answer" that we all started with and agreed upon is if you a guy with dough or good prospects, DON'T Get Married." Please don't get mad at me for trying to be a good guy...