Documents needed to obtain an international divorce in Haiti

There is a difference in the list of documents needed to obtain an international divorce in Haiti.

Based at the Department of Justice, the office which handles international divorce in Haiti provided the following information concerning haitian divorce laws for foreigners:

 

Bilateral Divorce (Mutual Consent) :

The plaintiff must appear 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, driver’s license, etc…

The Haitian Court will render a judgment of divorce within two (2) days of the plaintiff’s appearance. The plaintiff will receive two (2) copies of the divorce decree.

 

Unilateral Divorce:

For Unilateral Divorce, the plaintiff must 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. A copy of the separation agreement (not mandatory) ;
  4. Identification: can be a passport, driver’s license, etc…

In this case, the defendant does not submit to the Haitian jurisdiction and is not represented by an attorney at the hearing. However, 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.