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Questions Answered by Naomi Jusino
1 Answer | Asked in Divorce for Puerto Rico on
Q: Are there any types of income or assets that are off-limits during a divorce where there's no pre-nuptial agreement?
Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Under Puerto Rico laws, if you get married without a prenuptial agreement everything obtained during the marriage (assets or debts) belongs to both spouses, except all you acquired by inheritance.

1 Answer | Asked in DUI / DWI for Puerto Rico on
Q: Can police pull you over for any reason if they suspect you might be driving under the influence, or are there limits to

what they can pull you over for to determine your level of sobriety?

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Yes they can if they have reasonable doubt about your sobriety, for example driving on zigzag, if you assume conduct that violates transit or transportation laws, etc.

1 Answer | Asked in Family Law for Puerto Rico on
Q: I own half of my house with my husband but we have separate bank accounts and credit cards.

If we divorce, do I have to give half of my money?

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Under the laws of Puerto Rico, the answer is yes. If you married your husband without a prenuptial agreement, all of what you have (assets and debts) will be divided by half during a divorce. Otherwise, if you signed a prenuptial agreement, the division will be different.

1 Answer | Asked in Family Law and Child Custody for Puerto Rico on
Q: What are my rights as a mother that wants to leave Puerto Rico but the father does not want to sign the permissions?

I'm unemployed to have nothing going for me here to give my son. I would like to leave to the United States to give my son a better life, education, ECT. I really need help on finding out what I should do so I can leave or if I could leave..

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Hi,

Even if the father doesn't gives you the permission to leave Puerto Rico, you can file a case of Custody and transfer of the minor to the US. This will take a while if the father doesn't consent quickly, but the Court will initiate an evaluation of the new residence of the...
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1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My dad passed away. The house was under his name but he married for over 20 years. Who inherits his property?

The house is in Puerto rico

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Hi,

Under Puerto Rico laws, the right heirs of your father are his daughters or sons and the widow. If he made a Will, the document will state who are the heirs.

1 Answer | Asked in Divorce for Puerto Rico on
Q: Can I get a divorce in PR if I've only been here 6 months (Left FL due to fear of husband harming me or my child)?

My husband and I have been separated for 10 months. We have a 8 month old daughter. He has been violent, aggressive towards me in various occasions. I left to Puerto Rico, because I didn't feel safe anymore after the threats of him wanting to kill me. I have been staying with my family for... Read more »

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Hi,

In Puerto Rico you can initiate a Divorce process under the following:

1) If you got married in Puerto Rico

2) If you didn't got married in Puerto Rico but has resided here for more than one year, or

3) If the reason of the divorce started in Puerto Rico,...
Read more »

1 Answer | Asked in Estate Planning for Puerto Rico on
Q: My mother is on a fixed income and is a resident of PR. She can't afford 600.00 for a will. Any affordable options?

I'm looking for a Legalzoom type of self-help option.

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Hi,

The cost of a will in Puerto Rico will depend on the Notary Public that you contract.

There are some options for indigent people such as: Corporacion de Servicios Legales de Puerto Rico an Pro Bono de Puerto Rico.

If your mother doesn't qualify for any of these...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Puerto Rico on
Q: What steps are required to transfer everything into mine and sister's names if mother recently passed w/o a will?

Must the lawyer have copies of checking/saving account info, etc. to complete this process? Can you give an approximate cost to complete the process? I have been told a wide variety of costs and am quite confused about this whole process.

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Hi,

If your mother passed without a will, and if she left estate in Puerto Rico, you will need to initiate a process of Declaration of Heirs. For this process you will need to file a Petition in the court with jurisdiction, present evidence of the Death Certificate, if she was married a...
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1 Answer | Asked in Family Law for Puerto Rico on
Q: My ex doesn't want to send my daughter with me over summer vacation from FL. We signed an agreement. What can I do?

We signed an agreement when she decided to move from PR over to Florida at her lawyers office. The agreement established the pension I send her, it established my approval to move to Florida and my rights to have my daughter 1 month over summer vacation. She came during Christmas break as a... Read more »

Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

For all you state, you have the right to enforce all you have settled with you daughter's mother.

You have right of visitation and spend time with her as the agreement signed. If she doesn't comply, you can require her through Court in Puerto Rico and a judge may order her to...
Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: Can I legally talk to a judge so I can have full custody with my mom and my dad could have visitation rights?

I am currently in shared custody with my two parents but I would prefer to live with my mom and at least allow my dad some visitation rights. Is there a procedure for this? If so then what should I do?

Naomi Jusino
Naomi Jusino answered on Mar 18, 2017

Yes, as a last remedy and, in some cases, after social workers interview the child, there is a possibility that the minor can be interviewed by the judge. There has to by a reasonable cause or sustanciable controversy for that petition to be accepted by the judge. A child testifying in court about... Read more »

2 Answers | Asked in Personal Injury for Puerto Rico on
Q: I was injured when my neighbor's dog bit me last year. How long do I have to file a claim?
Naomi Jusino
Naomi Jusino answered on Apr 18, 2017

Under laws of Puerto Rico, you have one year to file a claim after you receive the injury and know who injured you.

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1 Answer | Asked in Workers' Compensation for Puerto Rico on
Q: I was fired when I got back from workers' comp leave because my supervisor says I wasn't lifting what I used to be able

to. Do I have any recourse?

Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

You may be qualified to file a discrimination claim under ADA.

1 Answer | Asked in Sexual Harassment for Puerto Rico on
Q: Is there a statute of limitations that I have to file a sexual harassment claim before?
Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

Before what action?

If you are experiencing sexual harassment, either in your work area or any place, you can file your sexual harassment claim and state the damage or harassment with evidence. If you have a witness, and documents that establish your complaint, will be mush better for your case.

1 Answer | Asked in Consumer Law for Puerto Rico on
Q: I just bought a used car but it turns out there are a lot of problems

with it that weren't disclosed at the time of sale - what are my rights?

Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

The seller (dealer) is obliged to give a guarantee.

Rule 26 of the Consumer Administration in Puerto Rico (DACO) prohibits any dealer from selling a used motor vehicle without providing a guarantee to the buyer. The warranty must cover both parts and labor based on the mileage of the...
Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: What is the process for contesting a child custody order.
Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

Once you receive copy of the complaint via summons, you will have 30 days to answer it and accept or deny it. You will have to file the answer in the Court that has jurisdiction to work with the case and send a copy of it via postal mail to the other parties in the case.

1 Answer | Asked in Employment Law for Puerto Rico on
Q: Are non-compete agreements enforceable in Puerto Rico?
Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

If the agreement establishes an extension to the territory, yes.

It will depends on the agreement.

1 Answer | Asked in Juvenile Law for Puerto Rico on
Q: How do you get a juvenile drug offense expunged from your record?
Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

It will all depend on the Judgment, and if the offense was for a felony or misdemeanor.

Usually a juvenile offense doesn't affect your record.

1 Answer | Asked in Foreclosure for Puerto Rico on
Q: Do I need a lawyer to get my mortgage loan modified?
Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

No, you can work the modification directly with the financial institution.

But we strongly recommend that before you sign the papers, consult with a lawyer to make sure you are in the right path.

2 Answers | Asked in Civil Litigation for Puerto Rico on
Q: I live in New York but want to sue a contractor in Puerto Rico - where do I file?
Naomi Jusino
Naomi Jusino answered on Jan 11, 2017

You will have to file your complaint in the Court where the contractor lives (for that you will need his address), if you don't know you can file in any Court.

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1 Answer | Asked in Collections for Puerto Rico on
Q: How do I collect on a debt for someone who has left Puerto Rico?
Naomi Jusino
Naomi Jusino answered on Jan 8, 2017

You have to file the claim and notify your summons to the last address known of that person. If you don't know the address you will have to publish the summons via edict.

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