LEGAL OFFSHORE DIVORCE: A QUICK ESCAPE FROM THE CHAINS OF MARRIAGE!

By Joe B. Gonzalez for Offshore World

A vinculo matrimonii is a Latin legal term literally meaning "from the chains of matrimony."  It means a complete and final divorce, as opposed to a legal separation.

With half or more all marriages in the western world ending in divorce, nearly all of us find ourselves at some time dealing with either our own divorce or that of a close family member or friend. Divorce is a tragedy for all concerned – but it can be also be seen as an opportunity for positive change, and a new start.

The idea of offshore divorces is relatively new to most people in the United States, Canada and Europe. When it comes to divorce, it's always been a matter of “Do-As You-Are-Told” by a local lawyer, whose main purpose is to extract from you the highest possible fees.

In many US jurisdictions you have to wait 30-90 days or even up to two years. This is even if both parties approach the divorce mutually agreeing to it, without any fuss or fanfare - and that’s also after all the financial wheeling and dealing.

Elsewhere, things are even worse for those bound by the chains of matrimony. In Ireland you have to wait four years at an absolute minimum. In the Philippines, you can never ever get divorced!

All this only extends the heartache of a relationship that has already terminated...and for what? You've decided to get divorced - so why must you wait?
 
Some people might say that cooling off periods should be there to help couples try to work it out. Or to keep them together for the kids’ sake. Or that divorce is immoral. Some hold very firm religious or other beliefs on this subject.

But the fact remains that some people do end up deciding that the best way to go forward is legally to dissolve their marriage. Ultimately, few people would disagree that – once the final decision to divorce has been taken - it is in the interest of all parties involved to get the process over quickly and keep legal wrangling to the minimum.

When you leave your personal business up to the government (courts or legal system) and someone else (over priced divorce lawyers) to decide, the only parties that always win are the lawyers and the government. The lawyer wins his or her fee and the government gets a chance to collect more taxes from retirement plans, real estate and other investments that have to be liquidated in the process. The government after all thinks they know what is best for you better than you do – even when it comes to your own personal affairs of the heart!

Many people hire domestic lawyers to make sure that they are "protected" and to have an unemotional third party involved. Well, the lawyers may not be emotionally involved with you and your spouse, but you can bet your bottom dollar they are very emotionally involved about their fee!


INTRODUCING THE VIP OFFSHORE DIVORCE…

When all the paperwork is done correctly, offshore divorces can be certified as legal and recognized all over the world.

If you and your spouse can work out a separation agreement like rational adults, it makes sense for you to look "offshore" for your divorce. A legal divorce can be obtained within as little as twenty-four hours, leaving the parties free to pick up their lives as single people, or remarry instantly if they wish. 

Let’s say, for example, you just relocated to New York following a marital breakup. You will be required to wait two years before a divorce petition can be filed. Las Vegas is six weeks, and Alaska is almost immediate. So is the Dominican Republic, which is much closer to New York, cheaper and warmer!

Then, the other typical situation is the missing spouse. You need a legal divorce to remarry or carry on your life, but your spouse has either disappeared, or simply refuses to take your calls or answer your letters. In this case, a unilateral divorce from the Caribbean can get you legally unhitched in a matter of a few weeks.

This type of offshore divorce has been nicknamed the "VIP DIVORCE" – because so many American celebrities have used it to get divorced faster and easier than they could in the USA. Numerous celebrities and thousands of other famous and not so famous Americans – even a few senators – have taken advantage of liberal divorce statutes on the Caribbean island of Hispaniola. To name a few, in no particular order: Elizabeth Taylor, Mia Farrow, Jane Fonda, George Scott, Mike Tyson, Robin Givens, Richard Burton, Sylvester Stallone, Michael Jackson and Lisa Marie Presley, Diana Ross, Mariah Carey, Marc Anthony, Tommy Mottola (the former president of Sony records) and actress Maite Proenca, known for her role in the Latin American soap opera, Dona Bella.

Now, due to the role of the internet, globalization and the information age, you can join the celebrities. Your divorce can be granted fast! It is legal and simple, fast and easy. There are just a few things you should know and understand before you make your final decision.


ADVANTAGES OF OFFSHORE DIVORCES

Your divorce can be granted in as little as twenty-four hours from the time the lawyers receive all your paperwork. This was the amount of time it took Michael Jackson to get divorced in Santo Domingo, for example.

All you do is fill out and mail your information. The lawyers do all the rest of the preparatory work! Normally you have to appear personally for about five minutes, and your spouse does not need to appear at all!

Complete Agreement is not required. There is a unilateral divorce option which allows you to get divorced fast if your spouse is unavailable.

Of course you should settle all your obligations and responsibilities by agreement when possible. However, an offshore divorce can be granted even when an agreement is not possible. In such a case, it simply restores your status as a "single" person and allows later settlement of all other issues. That means you can get on with your life and remarry while you or the courts continue to work out other disputes such as alimony or child custody.

Don't know where your spouse is? No problem! An Offshore Divorce can still be granted based on your statement that your spouse is no longer available. The process takes days - not months. Kids are no problem. Property and debts are no problem either.

When both parties agree, virtually all marital issues may be settled by a written agreement called a Post-Nuptial Agreement (PNA) which is enforceable through state and local courts wherever you live. This includes matters related to custody, support, property and debts. You maintain full control.

When you go through state court, all matters are decided by the judge. Even if you and your spouse agree on everything, the judge has the authority to change any agreements you make - and he often does! The Family Court in Santo Domingo (where we recommend processing of mutual consent divorces) believes that when two adults agree on matters, the proper business of the court is to simply ratify what has been agreed to. Therefore, you and your spouse retain full control of all matters related to custody, property, and debts.

CERTIFICATION

After your Offshore Divorce is granted, your Final Decree of Divorce is sent for validation to the appropriate consulate. For example, if you are a US citizen, the papers can be fully certified by the appropriate US consulate which grants “full faith and credit” to the signature and seal of the offshore judge.

Price: When you compare an Offshore Divorce to divorces granted in most states or provinces in the US, Canada or Europe you'll probably be pleasantly surprised to learn that the offshore option is not just quicker and easier, but actually cheaper too! This is especially true when you consider the "hidden" costs of domestic divorces such as notarizing documents, overnight mailings, service of documents by a process server or law officer, transportation to and from one or possibly even several court sessions, and any court ordered counselling... all of this is, of course in addition to legal fees and court costs.

Would you like to know more about Offshore Divorce? Then check out my book entitled International Divorces - With or Without Your Spouse's Consent which explains divorce procedures in Dominican Republic and neighboring Haiti, as well as Mexico, UK and Guam.

More info: Caporaso & Partners Law Office www.taxhavens.us, info@taxhavens.us

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