divorce and remarriage

[Lalo & Susana 50]

My fiance was officially separated for almost 3 years before he was granted a divorce. It should've took only a year but his ex didn't want to get divorced and in Chile its nearly impossible to get a divorce without both parties consent. If you need to do it alone it requires a lot more time and money. His ex finally agreed and they were officially divorced as of May 31, 2012. I told his lawyer we needed to prove that he was divorced and he told us that in Chile divorce certificates take 1 - 2 months but the divorce decree only takes 1 - 2 weeks and to use that since its basically the same thing. He gave us the divorce decree and I asked USCIS if that was acceptable and they said yes. I sent the entire packet June 25th with a NOA1 date of June 27th. Now I read that your fiance needs to wait a certain period of time after a divorce to remarry... Is this true? They gave us the divorce decree doesn't that mean he's legally free to marry. I am looking on google in english and spanish and cannot find anything about a wait time for Chile after divorce.

Oh and his ex wife is friends with my cousin and my cousin said that she was remarried on August 24, 2012 so he says he doesn't think we have any problem. Please let me know.

Thank you for your help.

Edited September 13, 2012 by Lalo & Susana

[Lalo & Susana 50]

Okay so I found information. In Chilean law that says the following:

For men, once he divorce is subscribes in the civil registry the man can get married immediately.

For women, they have to wait 9 months to get married in case she is pregnant if she wants to get married before she has to take a pregnancy test. Apparently its so there is no question of paternity.

Since we received a divorce decree does that mean it was registered with the civil registry?

Any help is greatly appreciated!

Thank you.

[KayDeeCee 4,893]

The law states there is no waiting period, so he was free to marry when you sent the petition.

[Lalo & Susana 50]

Thank you so much for your reply. I was just nervous bc we only waited for the divorce decree not the divorce certificate so that confused me at whether or not his divorce was registered at the civil registry.

Thank you!

[Frances&Bryan 6]

Thank you so much for your reply. I was just nervous bc we only waited for the divorce decree not the divorce certificate so that confused me at whether or not his divorce was registered at the civil registry.

Thank you!

in the dominican republic its the same way. the men can marry right away after a divorce, but the women have to wait 10 months! isnt that crazy?!

but i think, if ur marrying here, there shouldnt be a problem...

[Lalo & Susana 50]

in the dominican republic its the same way. the men can marry right away after a divorce, but the women have to wait 10 months! isnt that crazy?!

but i think, if ur marrying here, there shouldnt be a problem...

Yeah it's totally crazy. Aparently it's to make sure a woman isn't pregnant by her ex husband. But in Chile if ur a woman and u want to get remarried right away you have to take a pregnancy test and if it's negative you can get remarried. I'm like wow.... Haha but whatever I'm getting married in NY. Haha I was just so nervous about his divorce not being finalized.

Is it the same reason in DR why women have to wait for divorce?

[Frances&Bryan 6]

Yeah it's totally crazy. Aparently it's to make sure a woman isn't pregnant by her ex husband. But in Chile if ur a woman and u want to get remarried right away you have to take a pregnancy test and if it's negative you can get remarried. I'm like wow.... Haha but whatever I'm getting married in NY. Haha I was just so nervous about his divorce not being finalized.

Is it the same reason in DR why women have to wait for divorce?

oh ok! i honestly dont know why that is in DR. i was married before, separated in 2006 (6 years ago!) and i JUST finalized my divorce last month in august. sooo my plans were for me and my fiancee to get married in DR next month but ran into that whole "have to wait 10 months" thing and im like uhhhh NO! lol!!

so we went through the K1 fiance visa process instead. i live in FL and i want my baby here already!!

[del-2-5-2014 1,339]

Okay so I found information. In Chilean law that says the following:

For men, once he divorce is subscribes in the civil registry the man can get married immediately.

For women, they have to wait 9 months to get married in case she is pregnant if she wants to get married before she has to take a pregnancy test. Apparently its so there is no question of paternity.

Since we received a divorce decree does that mean it was registered with the civil registry?

Any help is greatly appreciated!

Thank you.

Absolutely fantastic country, I love this law. Very progressive

[Love's JAA 100]

Absolutely fantastic country, I love this law. Very progressive

Progressive? Wouldn't a pregnancy test do the trick? Otherwise, make the guy wait 9 months as well until the statute of limitations has run it's intercourse, um, I mean course.

[Lalo & Susana 50]

Absolutely fantastic country, I love this law. Very progressive

hahahahaha!!!! Well they only made divorce legal in 2004. But it makes you wonder in 2004 they though this rule was acceptable. You wouldn't even imagine the ####### they give u if your spouse doesn't want a divorce! That is why we had to hunt his ex down until she finally agreed after 2 long years!

Progressive? Wouldn't a pregnancy test do the trick? Otherwise, make the guy wait 9 months as well until the statute of limitations has run it's intercourse, um, I mean course.

In Chile a pregnancy test is given if you don't want to wait the 9 months. Not sure about DR though.