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Puerto Rico Divorce Questions & Answers
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 Rivera
Jose Rivera 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 Rivera
Jose Rivera 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 »

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: 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: 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 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: 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).

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