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Puerto Rico Divorce Questions & Answers
1 Answer | Asked in Divorce for Puerto Rico on
Q: Divorce entered in Norway, is it legal in Puerto Rico?

Me (Norwegian citizen, living in Norway) and my ex-wife (Puerto Rican citizen, living in USA) have signed divorce papers in Norway. We married in PR. She signed them through an e-file sent by the Norwegian government while being in USA. Is this divorce legal in PR? If not, what do we need to do to... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jul 22, 2022

Greetings:

There is a process called protocolization that naturalizes any judicial decree that was made in another jurisdiction.

1 Answer | Asked in Divorce for Puerto Rico on
Q: Can I keep our home if we have 2 minors or do I have to sell it if my husband insist on it? We are divorcing.

The house was bought while married. I can afford the payment but not to buy him out.

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jul 14, 2022

Greetings:

When you file for divorce and have 2 minors that where conceived on the matrimony, the non custodial parent has to provide child support and shelter for the minors.

The division of property doesn't expire until it's resolve among the parties. So the request...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Hello, If me and my wife have been separated over 15 years but not legally divorced does she get 50% of my assets?

I have been separated from my wife for over 15 years, I live in PR she lives in Miami, I bought a house in PR and a car about 5 or 6 years ago, we do have 2 kids together an 19 year old and a 17 year old, if we divorce through court legally in PR does she get to keep half of everything I own and... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jun 3, 2022

Greetings:

The inexistence of a prenuptial agreement and other specifications about the assets are really important.

The kids are considered minors on Puerto Rico jurisdiction until they are 21 years of age. So there might be a need to pay child support and establish other regimes...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: How does my husband get his divorce decree from Puerto Rico?
Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on May 9, 2022

Greetings:

You will have to request a copy through the clerks civil cases office.

1 Answer | Asked in Divorce for Puerto Rico on
Q: Como obtener pruebas de divorcio sin tener las fechas del matrimonio o fechas de divorcio
Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Jan 18, 2022

Saludos

Consulte el caso en el portal del poder judicial buscando las partes por su nombre.

1 Answer | Asked in Divorce for Puerto Rico on
Q: I know there is no alimony in PR but does it change if the wife has never worked and has been dependent on the husband?
Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Apr 16, 2021

Greetings

Although is not normal and there's no alimony in Puerto Rico, there are some extraordinary circumstances when one of the parties can request spousal support, this is temporary and there are several requirements to be able to request them. Remember that spousal support is not...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Hello. My husband has filed for divorce. We have been married for over 10 years but I moved to P.R 3 years ago. Can I

hire a lawyer in P.r to represent me and am I entitled to alimony?

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Mar 22, 2021

Greetings

You can request temporary spousal support and some specific situations, even though is not the norm in the Puerto Rico jurisdiction to grant alimony, you can ask for ex conjugal support until you have the means to support or fend for yourself. Note that this can be possible only...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: How is a divorce decree obtained if someone was not present during divorce court?

Ex spouse is not willing to provide a copy or information.

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Mar 12, 2021

Greetings

It's as easy as finding out in what court the divorce hearing took place and request a copy of the divorce decree.

1 Answer | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: Como puedo salir de PR para irnos para los EU y este casada legalmente con el padre de mis hijos y el no quiere ?
Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Dec 3, 2020

Saludos:

Se hace mediante una petición ante el tribunal mediante de un abogado y existen otros asuntos relacionados a atender.

Si tiene alguna otra duda, no dude en contactarnos directamente. Estamos para servirle.

1 Answer | Asked in Divorce and Real Estate Law for Puerto Rico on
Q: Hello, I purchased a property prior to getting married, in San Juan. Does my husband need to sign if I want to sell it?

I want to sell but he doesn’t and we are going through a divorce. I live in New York. Does he have any claim towards the property? It is a condominium. Thank you.

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Nov 26, 2020

Greetings

If you have a prenuptual agreement and/ or aquired the property prior getting married (like you wrote) the property is privately own by yourself under Puerto Rico property law. But in the absence of a prenuptual agreement, any income might be considered share property. There are...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: My mom bought a house for me I was married my husband's name is not on the deed and we're divorcing. Can he get house.
Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Oct 5, 2020

Greetings:

Did you have a prenuptial agreement when you married? Did he agreed to this when it happened? If so. is it documented? I what jurisdiction is the property situated? All of these questions can help into solving this controversy. Even so, he might try to go after this property. If...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: My mother gifted me a house to pass down to my children it was a gift from her my husband's name is not on the deed

My mother paid for the house so that I could pass it down from generation to generation my husband has never had a job and his name is not on the deed. He knew this when we bought the house he was in the meeting and did not object to having his name not put on the deed. Once again hes never paid a... Read more »

Jose M. Rivera Santos
Jose M. Rivera Santos PRO label
answered on Oct 5, 2020

Greetings:

Did you have a prenuptial agreement when you married? Did he agreed to this when it happened? If so. is it documented? I what jurisdiction is the property situated? All of these questions can help into solving this controversy. Even so, he might try to go after this property. If...
Read more »

2 Answers | Asked in Divorce for Puerto Rico on
Q: Been divorced over 10 years in Puerto Rico.My ex never paid mortgage. Can he claim half of my home now?

Been divorced over 10 years in Puerto Rico.Granted divorce for and abandonment of marriage

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 2, 2020

Hello and thank you for using Justia. At the time of purchase, the house became marital society property. As of the divorced, the property became community society property also known as Post Marital society property. It remains community society property until the parties liquidate said house.... Read more »

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2 Answers | Asked in Divorce, Family Law and Child Custody for Puerto Rico on
Q: As a 16 year old can I refuse to go to my dad’s house?

My parents have joint custody, I’m on week with my mom I’m Humacao, and another with my dad in Caguas. I’ve been trying to convince my mother to ask for full custody for over two years now but she always puts it off. At this point in desperate, can I just decide not to go to my dads house? My... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Nov 2, 2019

Hello and thank you for using JUSTIA. No you cannot decide but your opinión does count. The Court will take your opinión into consideration but only if your Mother requests full custody.

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1 Answer | Asked in Divorce for Puerto Rico on
Q: If I been marry with my wife for 20 years and she abandoned me for over 17 years . Would she be entitled to my pension.

Or alimony. How does it work

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 9, 2019

Hello and thank you for using JUSTIA and for the telephone call. As explained be phone, if you have made deposits or payments to your pensión plan during the three years that you lived with your wife then she will have a crédit of fifty percent of what you paíd into the plan. Since you seperated... Read more »

1 Answer | Asked in Divorce and Family Law for Puerto Rico on
Q: Divorce decree

My dad can go to court where I got divorced in Puerto Rico and request a divorce decree for me.

Do I have to send any written permission to request it? I live in usa

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Aug 6, 2019

Hello and thank you for using JUSTIA. In order for you to get a divorce decree, you must request it personally since these cases are prívate. You will need to contact the Court to find out exactly what is needed for you to authorized your father to receive a copy of said decree.

2 Answers | Asked in Child Custody and Divorce for Puerto Rico on
Q: Does a person filing divorce have to go to family court in Puerto Rico to determine custody of children?

A friend of mine lived in Puerto Rico until 6 months ago. He moved to Puerto Rico from Florida when his wife moved to Puerto Rico with kids to stay close to kids and be involved in their lives. Even while separated he provides $1000/ month to support the kids. He's been separated from wife for... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jun 19, 2019

Hello and thank you for using JUSTIA. The divorce process is held in family Court. The process includes determinación of parens patria,custody, child support and visitation rights if the parties do not reach an agreement among themselves. Our system is extremely jealous in protecting the children... Read more »

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3 Answers | Asked in Divorce and Tax Law for Puerto Rico on
Q: Hello! Will the money received by ex spouse as divorce settlement be taxed?
Andrew M Steiger
Andrew M Steiger
answered on Jun 11, 2019

In general, the 2017 TCJA changes the tax laws related to divorce in some key respects. The tax aspects of a property settlement did not change where property changes hands at the time the divorce is finalized. But be careful of receiving property with a built in tax gain where the value exceeds... Read more »

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1 Answer | Asked in Divorce for Puerto Rico on
Q: I want a divorce, if my wife does not want to sign the papers can she refuse the divorce?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on May 23, 2019

Hello and thank you for using JUSTIA. Your wife can refuse a mutual consent divorce but there are other causes for divorce such as irreconcilable differences. This cause is a way to get a divorce when one party does not want a mutual consent divorce. There is no denying this type of divorce. It is... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Puerto Rico on
Q: I want to divorce my husband and get custody of my kids, and Social services will not help what do I need to do?

What evidence do I need to get custody from the unsafe environment my kids are in, I cant prove anything because I am stuck in the US in the army and my husband is violent. I am scared the kids will be harmed mentally, and I don't want to go to a custody battle with nothing to show for. He is... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Mar 22, 2019

Hello and thank you for using JUSTIA. Your best move is to speak with your superiores to established you being assigned and deployed at one military base for a set time span that you can take your children with you. The custody in normally always given to the mother. It would be a good to have... Read more »

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