We strongly encourage our clients to try to obtain a bilateral divorce or mutual consent divorce (where both parties agree), as opposed to a unilateral divorce (where the defendant spouse has not agreed). The reason is simple: The bilateral divorce is universally recognized as valid in almost all jurisdictions. The unilateral divorce, on the other hand, can be declared void as an ex-parte divorce in many jurisdictions.

Therefore, although Haiti will grant the unilateral divorce, a client who is contemplating the unilateral divorce should first obtain an opinion about its validity from that client's local Attorney General's office or an informed matrimonial attorney.

Regarding Dominican Divorces
Some clients have inquired about the process by which they can obtain a valid divorce in the Dominican Republic. A special divorce law for nonresident foreigners (passed in 1971) provides that the only permissible ground for divorce of nonresident foreigners is mutual consent. This means that if a husband and wife who do not reside in the Dominican Republic want to obtain a valid divorce under Dominican law, both spouses must agree that they want to obtain such a divorce and at least one spouse must travel to the Dominican Republic.