OBTAINING A DIVORCE IN HAITI

Haitian Law allows foreigners to obtain a divorce within 24 hours. Two types of divorce are possible, divorce by mutual consent and unilateral divorce:

Bilateral Case (by mutual consent)

The essential requirement is the actual personal appearance of the Plaintiff in open court and the general appearance of the non-appearing Defendant through an Attorney.

The following documents must be hand-delivered by the Plaintiff to the Attorney in Port-au-Prince:

 

The Defendant's Waiver-Special Power of Attorney signed by the Defendant and notarized with a notarial seal or stamp and the date the notary's commission expires.

• The Letter of Information - all questions must be answered. The Plaintiff must carry two copies of this form.

• The marriage certificate or a certified copy of same. If not available, an affidavit, by the Plaintiff, properly notarized will suffice.

If the parties have a Separation Agreement and wish to have it incorporated in the Decree, by reference, it should be described in the Letter of Information and the Plaintiff should also deliver a copy of the Agreement to the Attorney in Haiti.

About two or three weeks should be allowed for the decree to arrive by mail, or two days if the client is willing to remain in Haiti.

 

Unilateral Case (by default)

• The actual appearance of the Plaintiff in court.
  
• The Letter of Information to be filed out.
  
• The marriage certificate or a certified copy of same or an affidavit by the Plaintiff properly notarized.

The decree will become final 30 days after the Plaintiff's appearance in Court.

 

 

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