Question

Fatima found out yesterday that the already re-scheduled hearing for annulment that was to take place on June 21 has been postponed – this time evidently due to a resurgence of COVID-19. This makes the 5th time the meeting between the judge and her attorney has been re-scheduled. Supposedly, the court docket will re-open on June 27 – but who knows when Fatima’s case will be re-scheduled?

I am reaching out to you again because I want to pursue the divorce option. I did do a quick Google search the other day as you suggested regarding divorce in the Dominican Republic, and I am not sure if Ohio will recognize her divorce in that country.

Here is a relevant portion:

Before undertaking a Dominican divorce, a legal opinion should be sought about its validity in their place of residence. Many jurisdictions have upheld Dominican divorces, but courts in other jurisdictions either have not had the opportunity to rule on the matter or consider them invalid. In the United States, for example, the states of California, Louisiana, Massachusetts, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, and Wisconsin regard Dominican divorces as invalid based on existing statutes or controlling case law.

Can you please comment?

Answer:

Greetings David,  The attorney in the Dominican Republic should give such a warning, but also should be aware of the validity of the divorce for US immigration Federal purposes.  Attorneys in the Dominican Republic who offer divorces for people off island often receive inquiries from US citizens.  This is a specialty area of US immigration law.  The attorney in the Dominican Republic should be able to provide US Federal case law for me to consider since this niche issue in US immigration law. It is not something the US immigration attorneys help with routinely. I’ve worked on multiple US federal cases involving Dominican divorces, but it’s been a long time.  I would be glad to collaborate with an attorney in the Dominican Republic on your behalf.

In terms of validity in state law, I’d need to think about it.  Fatima might not be blocked at the federal level were she to immigrate to a state in which Dominican divorce deemed to be legal. Immigration officers consider both federal and state rules when adjudicating immigration applications. So, you’d want to clear both state and federal barriers based on chosen residence.

Please see what more you can learn, and I can help follow up as needed.  Kind regards,  Allan

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