In Puerto Rico, the law allows for the dissolution of a marriage through two types of divorce proceedings: divorce by mutual consent or the irretrievable breakdown of the marriage.

Divorce Proceedings

Are there any requirements to file for divorce?

Yes. For a couple to file for divorce, at least one of the parties must have lived continuously and uninterruptedly in Puerto Rico for one year before filing the divorce petition. This applies regardless of whether they were married in Puerto Rico or abroad. However, the parties are exempt from this requirement if the grounds for divorce occurred in Puerto Rico. Nor is required when one of the parties resides in Puerto Rico.

In addition, a petition for divorce must sworn by both spouses if it is joint petition (mutual consent or irretrievable breakdown) or by the petitioner if it is individual (irretrievable breakdown).

Are there any additional requirements if one of the parties to be divorce is a minor?

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.

Do you always have to go to court to get a divorce?

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.

What is the process to get a divorce in court?
It depends on the divorce petition. If it is an individual petition on the grounds of irretrievable breakdown, the spouse filing for divorce must file the petition under oath, and the other spouse (respondent) must be served in order to hold a hearing.

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).

May I file for divorce as a self-represented litigant?

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.

How much does it cost to get divorced in court?
It will depend on the grounds for divorce. If the divorce is filed as an individual petition on the grounds of irretrievable breakdown, the petitioner must pay $90.00 in internal revenue stamps. However, if it is a joint petition on the grounds of irretrievable breakdown or mutual consent, the parties must pay $78.00 in internal revenue stamps.
How much time does the respondent have to answer to the petition for divorce?
Once the respondent is served, they have 30 days to file an answer to the petition.
What happens if the respondent does not file an answer within the term provided?
If the respondent does not file an answer within 30 calendar days and does not request an extension (or more time to respond), the petitioner may move the court to enter default against the respondent for failure to appear. This means that the court may proceed without the respondent and render judgment.
How long does the divorce proceedings take?
There is approximate time. It will depend on the grounds for divorce and the court docket. In general, a divorce may require one or more hearings. Also, it will depend on the content of the stipulations between the parties (for example, visitation, custody, etc.) listed in the petition and the time it takes the court to verify that both spouses are adequately protected.
When does the divorce take effect?
It depends. The divorce will be final and unappealable 30 calendar days after the judgment is served. This will apply unless the parties waive said term, in which case, the effective date of the judgment will be immediate. On the other hand, if the divorce is by public deed, it will take effect or become final and unappealable upon the execution by the parties, when they sign the deed before a notary.
Can the divorce be set aside?
A divorce decree may only be set aside if it is challenged and fraud is shown to have been intentionally committed, either by the court or by any of the parties. On the other hand, a divorce by public deed cannot be set aside.

Divorce by Mutual Consent

What does divorce by mutual consent mean?
Divorce by mutual consent means that the couple are in agreement to dissolve their marriage. To divorce on these grounds, a joint petition may be filed with the court or before a notary.
What are the stipulations that must be included with the petition for divorce by mutual consent?

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.

Is the court required to accept the parties’ stipulations?
No. The court is not required to accept or approve the parties’ stipulations. The court will make sure that the stipulations protect the rights of each of the parties and of their children at the hearing and will verify that the parties have agreed to them freely and voluntarily. If this is not the case or the court finds that the stipulations unfairly benefit one spouse in detriment of the other, the court will not accept the stipulations and will dismiss the petition for divorce by mutual consent.
What happens if the parties do not include stipulations in their petition or they are not accepted?
If the parties do not make stipulations or if the stipulations are not fair to both parties, the court will not pass on the petition for divorce until the necessary measures are adopted to ensure fair and equitable treatment between both spouses.

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.

What are the necessary documents and the procedure to file a petition for divorce by mutual consent?

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

 

Is there a court hearing?
It depends on the circumstances of the case. For divorces by mutual consent, a hearing is usually held so that both parties can bring evidence and testimony, if necessary, without discussing whether any party is at fault for the divorce. At these hearings, the judge may require evidence on the stipulations and verify that they were made freely and voluntarily and that the parties are not being coerced by the other spouse or by third parties.

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.

How do you request a summary judgment for divorce by mutual consent?

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.

Divorce by Irretrievable Breakdown

What does divorce by irretrievable breakdown mean?
Divorce by irretrievable breakdown means that one or both parties wish to end the marriage due to irreconcilable differences, which have led to the breakdown of the marriage.
What requirements must be met for a court to decree a divorce by irretrievable breakdown?
One or both spouses must file a petition, but it is not necessary that both parties agree to the divorce.

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

If there are minor children born of the marriage, can child support, custody, parental rights, and visitation be established in the same case for divorce by irretrievable breakdown?
Yes. However, contrary to cases of divorce by mutual consent, the parties are not required to agree on these aspects. The court will focus on making the determination that is in the best interest of the children involved.
Can martial assets and debts be liquidated in the same proceeding?
No. The liquidation of martial assets and debts must be filed in separate cases. However, the court must determine whether there are martial debts or assets or whether there is a dispute about their existence. This means that an inventory and valuation of the assets and debts of the couple must be made.
What are the necessary documents and the procedure to file an individual petition for divorce by irretrievable breakdown?

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
How much time will the respondent have to answer to the petition?

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)
What happens if the respondent does not answer the petition?

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.

What are the necessary documents and the procedure to file a joint petition for divorce by irretrievable breakdown?

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
In cases of divorce by irretrievable breakdown, will the court hold a hearing?

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.

Revised: February 2023