Divorce Procedures in Haiti
Posted: 22 October 2013 08:42 AM   [ Ignore ]
Gwo Chèf
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I Need information on how to initiate divorce proceedings in Haiti.


1 Both spouses reside in the States
2-One is Haitian, the other is not
3-How much will it cost ?
4-How long will it take?
5-The children are not an issue.
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Posted: 23 October 2013 01:07 AM   [ Ignore ]   [ # 1 ]
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Xeremie - 22 October 2013 08:42 AM
I Need information on how to initiate divorce proceedings in Haiti.


1 Both spouses reside in the States
2-One is Haitian, the other is not
3-How much will it cost ?
4-How long will it take?
5-The children are not an issue.


Are you sure you want these answers from here? You should lawyer up in Haiti or contact a Haitian judge for advice if one runs in your social circle.
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Posted: 23 October 2013 03:00 PM   [ Ignore ]   [ # 2 ]
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Xeremie - 22 October 2013 08:42 AM
I Need information on how to initiate divorce proceedings in Haiti.


1 Both spouses reside in the States
2-One is Haitian, the other is not
3-How much will it cost ?
4-How long will it take?
5-The children are not an issue.


hmmm...interesting, interesting...We need Benz input as he is the resident lawyer here (although he seems to practice corporate law)...anyway...here is my question:

suppose these spouses did not get married in Haiti and were living in the states, and one is Haitian while the other is not, could you STILL initiate a divorce proceeding in Haiti?
[ Edited: 23 October 2013 06:03 PM by Rho ]
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Posted: 23 October 2013 03:19 PM   [ Ignore ]   [ # 3 ]
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Rho - 23 October 2013 03:00 PM
Xeremie - 22 October 2013 08:42 AM
I Need information on how to initiate divorce proceedings in Haiti.


1 Both spouses reside in the States
2-One is Haitian, the other is not
3-How much will it cost ?
4-How long will it take?
5-The children are not an issue.


hmmm...interesting, interesting...We need Benz input as he is the resident lawyer here (although he seems to practice corporate law)...anyway...here is my question:

suppose theses spouses did not get married in Haiti and living in the states, and one is Haitian while the other is not, could you STILL initiate a divorce proceeding in Haiti?


You're right Rho but I left that years ago and now in the healthcare business-in your domain. Anyway, from what I remember it used to be popular for Americans to fly to Haiti (Duvalier years) to get a quickie divorce. The exact legal justifications are complicated but basically it's based on one jurisdiction respecting the laws of another. It can absolutely be done. Although divorce is controlled by each state's laws and some state may ban it--not sure.
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Posted: 23 October 2013 03:38 PM   [ Ignore ]   [ # 4 ]
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Benz, benz...plz check your inbox..i am sending you a pm in 2 min
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Posted: 23 October 2013 05:17 PM   [ Ignore ]   [ # 5 ]
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Benz - 23 October 2013 03:19 PM
Rho - 23 October 2013 03:00 PM
Xeremie - 22 October 2013 08:42 AM
I Need information on how to initiate divorce proceedings in Haiti.


1 Both spouses reside in the States
2-One is Haitian, the other is not
3-How much will it cost ?
4-How long will it take?
5-The children are not an issue.


hmmm...interesting, interesting...We need Benz input as he is the resident lawyer here (although he seems to practice corporate law)...anyway...here is my question:

suppose theses spouses did not get married in Haiti and living in the states, and one is Haitian while the other is not, could you STILL initiate a divorce proceeding in Haiti?


You're right Rho but I left that years ago and now in the healthcare business-in your domain. Anyway, from what I remember it used to be popular for Americans to fly to Haiti (Duvalier years) to get a quickie divorce. The exact legal justifications are complicated but basically it's based on one jurisdiction respecting the laws of another. It can absolutely be done. Although divorce is controlled by each state's laws and some state may ban it--not sure.


Speaking of which, 2 years ago, I found the NYT article that I am about to post while I was researching the background of Steely Dan's 1976 single "Haitian Divorce"
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Posted: 23 October 2013 05:20 PM   [ Ignore ]   [ # 6 ]
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A WEEKEND IN HAITI CAN INCLUDE A DIVORCE

By JOSEPH B. TREASTER, Special to the New York Times

Published: July 12, 1986

PORT-AU-PRINCE, Haiti— Tom Bagley and Patty Johnson arrived in Haiti from Walpole, Mass., on a Thursday. On Friday morning, Mr. Bagley recalls, a Haitian lawyer took him to a small, bare office in a downtown court building to be divorced from the woman he had been married to for seven years. A clerk asked Mr. Bagley to identify himself and state why he wanted a divorce.

''I told him we just couldn't live together any longer,'' Mr. Bagley said. ''He said, 'Are you sure?' I said, 'Yes, I'm very sure.' Then he said, 'You're free.' And we all smiled.''

The next morning, Mr. Bagley and Miss Johnson were married in a ceremony witnessed by three journalists and a Brazilian woman they had met the day before. They celebrated with beer and Cokes at the side of the palm-shaded pool of the Holiday Inn and the next day flew home. The Total Cost Is $1,671

The long weekend, arranged by the Haitian Agency Inc. of Cromwell, Conn., cost $1,671, including air fare, hotel, local transportation and legal fees.

Before the fall of President Jean-Claude Duvalier last Feb. 7, Haiti did a brisk business in quick divorces and marriages. Since then the country has been buffeted by street protests and strikes, and some of those with matrimonial matters have gone next door to the Dominican Republic. But lower prices have kept Haiti in the running. Both Haiti and the Dominican Republic, which share the Caribbean island of Hispaniola and are predominantly Roman Catholic countries, began offering 24-hour divorces to foreigners in the early 1970's, when Mexico ended the practice because Government officials felt the national image was being tarnished.

It had been a lucrative business. Thousands of foreigners, mainly Americans, had been getting Mexican divorces, and at first Haiti and the Dominican Republic were flooded. But offshore divorces have been losing their appeal as more states have made divorce easier and faster. Lawyers in Haiti suggest that they may handle no more than a few hundred foreign divorces this year. Some States Accept the Divorces

New York, California and Massachusetts recognize these divorces as long as both parties agree. In most states, however, their validity has not been tested, according to Doris Jonas Freed, a Manhattan divorce lawyer and national authority on divorce laws. Haitian lawyers recommend that Americans consult a lawyer in their home state before deciding on a Haiti divorce.

Mr. Bagley's former wife had signed a sworn statement of consent, as is mandatory in Caribbean divorces, and he had a copy of their separation agreement attached to the divorce decree, which is optional.

The new Mrs. Bagley, a 29-year-old surgical nurse, said she and Mr. Bagley had been living together for more than a year and that after months of hearing different reasons for why he was not divorced, ''I put my foot down.'' ''I said, 'We're going to Haiti,' '' Mrs. Bagley said. ''I had some friends in Washington who had gone the same route. Tom checked with a lawyer he used to work with and he found the agency we used in a weekly newspaper for lawyers.''

Bill Halligan, owner of the Haitian Agency, said some of his clients ponder divorce for a long time and when they finally make their decision ''they want it done as quickly as possible, usually because another person has become important in their lives.''

Some people come to the Caribbean to end a marriage because a new partner is pregnant and they want a wedding to precede the birth, some American lawyers say. Especially toward the end of the year, the prospect of gaining a tax advantage as a single person causes some of those already committed to a divorce to rush south, the lawyers say. Haitian lawyers say that some couples who seem very happy together have come here to get divorced with the intention of remaining together but filing tax returns as singles.
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Posted: 23 October 2013 05:21 PM   [ Ignore ]   [ # 7 ]
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Louis A. Lamarre, one of the leading Haitian lawyers in the foreign divorce business, said he advises clients that a Haitian divorce obtained by one partner without the consent of the other is, ''in most cases, not accepted'' in the United States. Ironically, these divorces are more expensive than those with mutual consent: $250 in Government taxes compared with $175, and up to $1,000 in lawyers' fees, versus $500.

These divorces may not have any legal value, Mr. Lamarre said, but they are sometimes a useful wedge in breaking a marital stalemate.

''It can happen that after 10 to 15 years of separation, a man sees a divorce paper and he finds he can agree with it,'' he said. ''Many people do that.'' Haitians Can't Get Quick Divorces

The quick divorces are not available to Haitians and Dominicans. Mr. Lamarre, who has been married 29 years and is the father of two sons, said he thought such a divorce ''would be against Haitian tradition and custom.''

Mr. Bagley, a 33-year-old lawyer and executive of a company in the computer industry, said Miss Johnson had not been following the news from Haiti and that he had not told her about the political troubles until they were in the airplane heading south.

''I wasn't worried,'' she said. ''He told me there was a general strike, but that he thought the ports would be open. There was no backing out. I'd wanted this for 15 years.''

That is how long ago they met, when he was a senior in high school, she a freshman. They dated for four years. Then she said she wanted to see other men. In 1979, Mr. Bagley married someone else.

Miss Johnson remained single. One day her mother reported that Mr. Bagley was back in town and that his marriage had gone sour. A Late Date, 'and That Was It'

''Two seconds later,'' she recalled, ''I telephoned him. We met for a drink. Then I went off for a date with someone else. I went home and at about 1 A.M. Tommy came over with a bottle of champagne. And that was it.''

The wedding took place in Mr. Lamarre's cramped law library. The bride and the bridegroom sat at a small oval conference table facing Emeran Cineas, a tall, slightly stooped municipal magistrate in a gray pin-striped suit. Mr. Cineas fussed with some papers, then read the Haitian Acts of Marriage in French. Mr. Lamarre translated. The two Americans exchanged rings, hugged and kissed.

Afterward, a Haitian in aviator sunglasses and a flowered sport shirt drove them back to the hotel in a four-wheel drive ranch wagon. At traffic lights, beggars gestured outside the rolled-up windows, and at one corner a woman was bathing in an open sewer.

''I didn't want to have just a little traditional wedding,'' Mr. Bagley said.

''It certainly was not that,'' his wife said.

Photo of Tom Bagley and Patty Johnson with Emeran Cineas, who married them in Haiti (NYT/Ray Fisk)


http://www.nytimes.com/1986/07/12/style/a-weekend-in-haiti-can-include-a-divorce.html
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Posted: 23 October 2013 05:42 PM   [ Ignore ]   [ # 8 ]
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Benz - 23 October 2013 03:19 PM
Rho - 23 October 2013 03:00 PM
Xeremie - 22 October 2013 08:42 AM
I Need information on how to initiate divorce proceedings in Haiti.


1 Both spouses reside in the States
2-One is Haitian, the other is not
3-How much will it cost ?
4-How long will it take?
5-The children are not an issue.


hmmm...interesting, interesting...We need Benz input as he is the resident lawyer here (although he seems to practice corporate law)...anyway...here is my question:

suppose theses spouses did not get married in Haiti and living in the states, and one is Haitian while the other is not, could you STILL initiate a divorce proceeding in Haiti?


You're right Rho but I left that years ago and now in the healthcare business-in your domain. Anyway, from what I remember it used to be popular for Americans to fly to Haiti (Duvalier years) to get a quickie divorce. The exact legal justifications are complicated but basically it's based on one jurisdiction respecting the laws of another. It can absolutely be done. Although divorce is controlled by each state's laws and some state may ban it--not sure.


James Hunt did in Haiti in only day according to an article I read few months ago. But that was long time ago
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Posted: 01 July 2014 02:03 PM   [ Ignore ]   [ # 9 ]
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According to the American embassy in Haiti, if done correctly the are acceptable here in the states. Can Anyone recommend 1 or two Law firms that are reliable. I would really appreciate it


http://haiti.usembassy.gov/service/useful-information/marriage--divorce-in-haiti.html


Divorce in Haiti

The Haitian Office du Divorce des Etrangers has provided the following information concerning Haitian divorce laws for foreigners:

Bilateral Divorce: (mutual consent)

The plaintiff appears in person in court to submit the following documents:

1. Letter of information, executed and completed by the plaintiff
2.Marriage certificate, or a copy, or a notarized affidavit

3.The defendant's waiver, power of attorney and submission to jurisdiction, executed and completed by the defendant before a notary public

4.A copy of the separation agreement (not mandatory)

5.Identification: can be a passport, certificate of naturalization, alien card, driver’s license, etc.
The Haitian court will render a judgment of divorce 24 hours after the plaintiff's appearance. The client receives two copies of the divorce decree. The person obtaining the divorce may choose to have the Consular Section of the U.S. Embassy authenticate the signature of the Haitian official granting the divorce. This service costs $50.00 U.S.

Unilateral Divorce:

The plaintiff must submit the same documents requested for a bilateral divorce, with the exception of the waiver listed in number 3 above. In the case of a unilateral divorce, the defendant does not execute a waiver. He/she does not submit to the Haitian jurisdiction and is not represented by an attorney at the hearing.

The judge notifies the defendant that an action for divorce has been instituted against him or her immediately after the initiation of the proceedings. Defendants living in the Western Hemisphere must respond within 12 days. Residents of other continents are granted 20 days in which to respond. If the defendant fails to respond within the required time period, the judgment is rendered by default.


In both types of divorce actions, the plaintiff may leave immediately after his or her court appearance. Decrees will be mailed upon completion.

Additional Information:

The legality of a Haitian divorce may be challenged in certain states of the U.S. Therefore, persons contemplating getting a divorce in Haiti are recommended to get legal advice concerning the validity of such divorces in their state of residence.

The cost of bilateral and unilateral divorces is approximately 2,500 and 3,000 gourdes respectively. Those who use the services of a private attorney will find that the cost will vary from 3,000 to as much as 5,000 gourdes.

The certification by the Consular Section is only an authentication of the signature of the presiding civil registrar. It conveys no judgment on the part of the authenticating officer of the validity or truth of the contents of the certificate.

Office du Divorce des Etrangers, Ministère de la Justice, Avenue Charles Summer, Port-au-Prince. Tel: 2245-3099

An extract of the official divorce decree may be obtained in approximately one week from the Office du Divorce at cost of 500 gourdes.
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