Legal Question in Family Law in Dominican Republic

Re: dominican divorces

Is there anyone who is claiming that you are not married. It would be their burden to prove that you are divorced. Generally, a divorce in a country where no one was a resident, is not valid. You can proceed as if you are married until someone claims that you are not married and that is the time that you will need a judge to determine that the divorce was not valid. You could bring a declaratory relief action, but why if no one is claiming the divorce was valid. Good

Re: dominican divorces

You do not need to "annul" the divorce because you are still married. Failure to serve the notice on your husband is a fatal error underlying due process.

Re: dominican divorces

The dominican "divorce" is not valid, therefore, you were married to your husband at the time of his death-Martin

Re: dominican divorces

The answer would probably depend on what has happened in the meantime since the alleged 1987 divorce. Did you or he remarry? Was something filed in the California courts or was a judgment entered here? Was notice of the alleged divorce given to his employer and/or retirement plans?

If no one received notice of the divorce, it may not matter and you may still be considered married but separated. Your specific facts would have to be reviewed. If people/entities need proof of the marriage, that can be dealt with on a case by case basis.