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Puerto Rico Divorce Questions & Answers
1 Answer | Asked in Estate Planning and Divorce for Puerto Rico on
Q: How long does it take to get a court date in Puerto Rico for a divorce?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Feb 19, 2019

Hello and thank you for using JUSTIA. This año depends on what grounds you have filed the divorce under. A mutual consentimiento case is usually one week but a infidelity case can be more than a year. The average usually is 90 days to 6 months.

Once you file the Court automáticamente...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Husband wants to file irreconcilable, 3 properties involved septd. 13yrs, wants properties in US, specify rights

husband lives in Florida, properties in NJ and FLA, PR, married over 21 yrs. husband filing irreconcilable wants USA properties. my rights?. I live in PR. I have no significant income to pay lawyer. left me because I am in PR caring for parents with dementia, cannot leave them. lives with other... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jan 4, 2019

Happy holidays and thank you for using JUSTIA. Local law under this filing does not divide marital property thus a seperate claim has to be filed. You should consult an attorney and file divorce for infidelity. You have full rights to 50% of all marital goods. You also have the right to request... Read more »

2 Answers | Asked in Divorce for Puerto Rico on
Q: How do i get a copy of divorce certificate when the full name of one spouse is unknown & date of divorce in unknown?

In order to get a Death of a US citizen Abroad certificate from a US Consulate in Mexico, I need to establish my father was divorced. The consulate is asking for a divorce certificate.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Sep 15, 2018

Good morning and thank you for using JUSTIA. There are two ways for you to achieve your quest. The first way is to request the divorce decree from the court and the second way is to request the certificate from the Registry of demografic records (Registro Demografico). Your best bet is to do an... Read more »

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2 Answers | Asked in Divorce for Puerto Rico on
Q: In Puerto Rico, a person can divorce on grounds of abandonment or separation. Whats the difference?
Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte
answered on Jul 7, 2018

Good evening and thank you for using JUSTIA. In order to have a marriage there are three marital vows that must exist as per law, these are mutual support, mutual care and living under the same roof as a married couple. Any breach of these vows creates the a stage for filing a divorce. There are... Read more »

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1 Answer | Asked in Divorce for Puerto Rico on
Q: We married in PR over 20yrs, have been living in the states for 15years. Do I need to travel to PR for a divorce?
J. Richard Kulerski Esq.
J. Richard Kulerski Esq.
answered on Dec 24, 2017

No. It's where you live at the time of the divorce that counts, not where you were married.

1 Answer | Asked in Child Custody and Divorce for Puerto Rico on
Q: If a woman is married in Puerto Rico and live in pr with her husband and kids can she divorce and bring the kids to usa

She was married in pr and had her kids in pr.

Naomi Jusino
Naomi Jusino
answered on Jun 12, 2017

Yes. You have to file a divorce and custody case in Puerto Rico. You will need to request the transfer of residency of the minors to the USA. The court will evaluate the request so you can travel to the US with the kids.

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,...
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1 Answer | Asked in Child Custody, Child Support and Divorce for Puerto Rico on
Q: I been living in PR since Nov. w/my daughter. My ex lives in FL & is wanting to file divorce would he have to file here?

I have had my 2 year old under my care since she was born. I have been on and off with my husband the father of my daughter for the past two years. We actually only lived together under my parents household in FL for 5 months since our daughter was born and then we have been separated. I finally... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 28, 2017

November was about three months ago. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which is the law in Florida, the courts of this state have jurisdiction to award custody, because the child has not been in Puerto Rico for at least six months. Puerto Rico has not adopted the... Read more »

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 Divorce for Puerto Rico on
Q: My husband and I were married in Florida. I now reside in Puerto Rico. We've been seperated for ten years.

How do I proceed?

Miraisy Molina-Ruiz
Miraisy Molina-Ruiz
answered on Oct 17, 2016

Yes you can get divorced in Puerto Rico. The important part is how long have you been residing in Puerto Rico. If you have been living in Puerto Rico a minimum of a year, you can get divorced in Puerto Rico.

You will need the marriage certificate, birth certificate of all the children in...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: Where do I find forms to file divorce by mutual agreement in Puerto Rico. We have a 17 year-old daughter.

We have both just acquired our residency in Puerto Rico (one year).

Miraisy Molina-Ruiz
Miraisy Molina-Ruiz
answered on Oct 17, 2016

You may file your divorce petition at the clerk's office of your local courthouse (your jurisdiction depends on where you live).

1 Answer | Asked in Divorce for Puerto Rico on
Q: If I was under duress and I signed a separation AGR. paying for alimony for life will a judge awad it to her at trial

I was forced by my commander and pressured by family. My ex was physically and mentally abusing towards me. I thought I had to sign it. Now she wants my retirement and alimony. This has been going on since 2012 and if been paying 80% of my pay to her. I just want to be divorced without living in... Read more »

Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Apr 28, 2016

If the agreement was signed under duress, It could be set aside by a court for lack of consent. In P.R., support for an ex spouse is base on necessity. Your ex will have to prove the need for the support.

1 Answer | Asked in Divorce for Puerto Rico on
Q: I am in the process of a divorce. My wife lawyer resigned and the court gave her 30 days to find a new lawyer.

What happen if she does not find a new lawyer. What happens in a divorce case in which I the only one with a lawyer.

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

Sounds like you have a lawyer. You should ask your lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: My "husband" left over a year ago. I can't afford to pay for a divorce, can get divorced for free here in Puerto Rico.
Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Jan 20, 2015

Anyone can get a divorce if they know what they need to file. However, there are many attorney s in Puerto Rico who I am certain would be willing to draft the paperwork needed for a minimal fee. On a side note, you need to be separate for 2 years in Puerto Rico in order to file a divorce alleging... Read more »

1 Answer | Asked in Divorce for Puerto Rico on
Q: I have been married for 19yrs. We have been separated for 19yrs. Can I get any kind of spouse support from him?

We had a child together, that we lost to the state. Since then I've been going to therapy do to this. I would like to know if I can get him for pain and suffering.

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Jan 20, 2015

Under the circumstances you present, probably not. Plus in Puerto Rico there is a law that prevents spouses from suing each other for matter not related to divorce

1 Answer | Asked in Divorce for Puerto Rico on
Q: I NEED TO KNOW WHAT TO DO WITH AN ILLEGAL DIVORCE DONE BY MY EX HUSBAND. I WAS NEVER SERVED AND WAS NEVER ALLOWED TO ANS

HIS GIRLFRIEND STOOD N AND PRETENDED TO BE ME. THE JUDGE AWARDED THE DIVORCE WITHOUT ME NOWING. I WANT THIS OVERTURNED HOW DO I DO IT

Oxalis Bianca Garcia
Oxalis Bianca Garcia
answered on Jan 20, 2015

You would need to find an attorney willing to ask the court to set aside the judgment under fraud to the Court.

1 Answer | Asked in Divorce for Puerto Rico on
Q: I need to get my divorce she live in puerto rico Im living in georgia because my job I cant travel there to file
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Mar 1, 2013

If you want to file for divorce in P.R., we recommend you hire a lawyer in Puerto Rico. We suggest you contact a lawyer close to where she is living. However, it is probable that you can file for divorce in GA, however, you need to serve her in P.R.

1 Answer | Asked in Divorce for Puerto Rico on
Q: How can I get a copy of my divorce decree from Puerto Rico
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Dec 17, 2012

You may request a copy in the CLERK'S OFFICE or inactive cases office of the court where you obtained the divorce decree. Having the case number will be helpfull to the Clerk in finding your file.

If you are out of Puerto Rico, you wll need to authorized someone to request the document...
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1 Answer | Asked in Divorce for Puerto Rico on
Q: How can I get a copy of my divorce decree
Lcdo. Ivan M. Alers
Lcdo. Ivan M. Alers
answered on Dec 17, 2012

You may request a copy in the CLERK'S OFFICE or inactive cases office of the court where you obtained the divorce decree. Having the case number will be helpfull to the Clerk in finding your file.

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