Divorce

No. A minor is emancipated upon marrying. This means that they are capable of managing themselves and their property as if they were an adult. Therefore, the minor who is emancipated by marriage can make the decision to divorce without requiring authorization from their parents.

No. The law allows that, per agreement of the parties, they may divorce by public deed before a notary, either by mutual consent or by irretrievable breakdown. This divorce by public deed is known as divorce before a notary.

If the divorce is by mutual consent, the parties must include stipulations concerning assets, debts, custody, parental rights, support, visitation, homestead, division of property between the parties, among other divorce-related matters. In the case of irretrievable breakdown, the parties must state that there are irreconcilable differences that caused the breakdown of the marriage and their wish to divorce, and no stipulations are required.

If it is a joint petition on the grounds of irretrievable breakdown or mutual consent, the court will generally hold a hearing to corroborate the will and consent of the parties to dissolve the marriage. However, in certain cases the parties may move the court to decree the divorce without a prior hearing, but certain circumstances must be met.

At no time, the parties must provide the reasons for filing for divorce, and the court not find any party as the party as responsible for the divorce (neither will be found to be the guilty or innocent spouse).

Yes. Those who wish to appear before court as self-represented litigant may visit the Pro Se Centers of the Judicial Branch. These centers provide general information about certain proceedings hear in court. These centers are not a substitute for legal counsel, but they may help people better understand the process with a general orientation.

For a divorce by mutual consent, the parties must negotiate agreements on assets, debts, parental rights, custody, support, pet care, among other matters. The petition for divorce by mutual consent must contain stipulations or agreements about:

• who will have parental rights over the minor children
• who will provide support for the parties and their children (underage or incapacitated), and the amount and frequency of payment
• how the non-custodial parent will exercise visitation with their minor children
• how all assets and debts acquired during the marriage will be distributed between the parties

 The parties are responsible for seeking counsel as to the legal consequences of their stipulations. If there is real estate property involved, such as homes and plots of land, the assistance of counsel will be required.

On the day of the hearing, the judge will ask questions to both spouses before issuing a decree to make sure that the stipulations were made freely and voluntarily and that the parties are truly committed to complying with them. The court must make sure that the parties are not being coerced by the other spouse or by third parties and that they understand the consequences of the divorce.

When filing the petition for divorce by mutual consent, at least one of the parties must have lived in Puerto Rico for one year before filing the petition. In addition to the residency requirement, in order for the judge to hear the petition, the documents listed below must be filed and the following procedures must be completed:

Documents required at the time of filing

• petition with stipulations made under oath
  • One of the following forms can be used:
    • Petition for Divorce by Mutual Consent (without Children or Assets) («Petición de Divorcio por Consentimiento [sin Hijos y sin Bienes];
    • Petition for Divorce by Mutual Consent (without Children or Assets) («Petición de Divorcio por Consentimiento [sin Hijos y sin Bienes]; OAT 1470)
    • Petition for Divorce by Mutual Consent (without Children and with Assets) («Petición de Divorcio por Consentimiento [sin Hijos y con Bienes]»; OAT 1471)
    • Petition for Divorce by Mutual Consent (with Children and without Assets) («Petición de Divorcio por Consentimiento [con Hijos y sin Bienes]»; OAT 1472)
    • Petition for Divorce by Mutual Consent (with Children and Assets) («Petición de Divorcio por Consentimiento [con Hijos y con Bienes]»; OAT 1473)

• Motion to Set Hearing («Moción Solicitando Señalamiento de Vista»; OAT 1484) form
• a copy of the marriage certificate
• a copy of each child’s birth certificate (if applicable)
• the Personal and Financial Information Form (PIPE, by its Spanish acronym) («Planilla de Información Personal y Económica»; OAT 435 ) for each spouse (if applicable)
• a copy of the marital agreement (if applicable)
• valid photo identification for each spouse

 Procedure

• Both parties must file the verified petition (under oath) at the Office of the Clerk of the Court
• File internal revenue stamps for the value of $78.00

However, current law allows the parties to request summary judgment so that a hearing need not be held and the judge may decree the divorce based on the petition and information provided to the court. It is important to point out that the judge may always set the hearing, at the discretion of the court, if the judge finds it appropriate.

The Civil Code of Puerto Rico provides that the court may proceed with the petition for divorce without holding a hearing, upon request of both spouses, if the following circumstances are met:

• a joint petition for divorce was filed
• the parties agree on the way in which the assets and liabilities of the marital community will be divided or how the marital property will be regulated after the divorce
• the parties do not have children in common, or they have children of legal age
• none of the children of the parties require child support to cover their needs during the process of the dissolution of the marriage

If the above requirements are met, the parties may require in their petition for divorce that the court issue summary judgment so a hearing need not be held. The aforementioned forms include boxes that the parties concerned can check if they are interested in a summary judgment of divorce. If the request is not made in the petition for divorce petition, the parties may request it by filing a motion in the same case.

In addition, one of the parties must have lived in Puerto Rico for a period of one year before filing the divorce petition.

p>When filing the petition for divorce by irretrievable breakdown, at least one of the parties must have lived in Puerto Rico one year before filing said petition. In addition to the residency requirement, in order for the judge to hear the petition, the documents listed below must be filed and the following procedures must be completed:

Documents required at the time of filing

• verified petition (under oath)
• One of the following forms can be used:

• Petition for Divorce by Irretrievable Breakdown (with Children) («Demanda de Divorcio por Ruptura Irreparable [con Hijos(as)]»;OAT 1764)
• Petition for Divorce by Irretrievable Breakdown (without Children) («Demanda de Divorcio por Ruptura Irreparable [sin Hijos(as)]»; OAT 1766)
• Summons («Emplazamiento«; OAT 1578) form
• two copies of the marriage certificate
• two copies of each child’s birth certificate (if applicable)
• if applicable, the Personal and Financial Information Form (PIPE, by its Spanish acronym) («Planilla de Información Personal y Económica»; OAT 435)
• a valid photo identification

Procedure

• file the petition at the Office of the Clerk of the Court containing the respondent’s residential and mailing address
• serve the respondent
• file internal revenue stamps for the value of $90.00

The respondent (the spouse who did not file the petition) will have 30 days after receiving a copy of the petition and the summons to file an answer to the petition for divorce by irretrievable breakdown. To file an answer, one of the following forms may be used:

• Answer to the Petition for Divorce by Irretrievable Breakdown (with Children) («Contestación a Demanda de Divorcio por Ruptura Irreparable [con Hijos(as)]»; OAT 1765)
• Answer to the Petition for Divorce by Irretrievable Breakdown (without Children) («Contestación a Demanda de Divorcio por Ruptura Irreparable [sin Hijos(as)]»; OAT 1767)

The petitioner (the spouse who filed the petition) may request that default be entered, which means that the proceeding will continue without the respondent. For this, the form Motion to Enter Default and Set a Hearing ("Moción solicitando anotación de rebeldía y señalamiento de vista"; OAT 1486) may be used.

Once default is entered against the respondent, a hearing will be held without the respondent who will not have the opportunity to bring evidence or to be heard, which means that the court will issue a decree without the benefit of the party who did not appear.

Documents required at the time of filing

• verified petition (under oath)
• One of the following forms may be used:

• Joint Petition for Divorce by Irretrievable Breakdown (with Children) («Petición Conjunta de Divorcio por Ruptura Irreparable [con Hijos(as)]»; OAT 1898)
• Joint Petition for Divorce by Irretrievable Breakdown (without Children) («Petición Conjunta de Divorcio por Ruptura Irreparable [sin Hijos(as)]»; OAT 1899)
• a copy of the marriage certificate
• a copy of each child’s birth certificate (if applicable)
• if applicable, the Personal and Financial Information Form (PIPE, by its Spanish acronym) («Planilla de Información Personal y Económica»; OAT 435)
• a copy of the martial agreement (if applicable)
• valid photo identification for each spouse

Procedure

• Both parties must file the verified petition at the Office of the Clerk of the Court
• File internal revenue stamps for the value of $78.00

Yes. A divorce hearing is held even when default is entered against the respondent. At the hearing, the judge will make sure that the petition for divorce on grounds of irreconcilable differences between the parties (that have led to the breakdown of the marriage) is made freely and voluntarily, and that neither party has been forced to do so, either by the other spouse or by a third party. At the hearing, there is no need to go into details as to whether any spouse was at fault.

At the divorce hearing, other related issues may be decided, such as:

• custody of the children
• support and health insurance for the children
• homestead
• support pendente lite (pending litigation)

At this hearing, the marriage is dissolved without deciding on the liquidation of the martial property, which afterwards will be held in common by the former spouses. To liquidate the property of the former martial community, the parties must file a separate action and, if the court deems it appropriate, provide an inventory and valuation of the assets.