Puerto Rico Law Blog

The question is always the same: “How can I get a divorce in PR without having to travel there?”

The situation is usually the same: a couple marries in PR, the couple separates, then one of them moves permanently to the U.S., and many years later he/she wants to continue with his/her life in the U.S., and perhaps re-marry. The trouble is that now both spouses live in different jurisdictions, and each one wants to get on with his or her life…

The answer is not THAT simple.

In order to obtain a divorce in PR, there are two rules:

Rule #1: The cause that gives way to the divorce occurs in PR.

or

Rule #2: At least one of the spouses has lived here for more than 1 year before filing for the divorce.

So, let’s suppose that we’ve gotten over both hurdles. Let’s suppose that the couple married in PR, one of them still lives in PR, or has lived here for the last year, or maybe the causes to file for divorce have happened (more on those later). How can you get a divorce without coming here?

Two possible ways: One, you can petition for a Mutual Consent divorce if both spouses agree on it, or two, you plan a short trip to PR. I know, I know, the whole deal is NOT to visit PR, and leave behind your business or your family in the US. But bear with me, if no one comes to PR, or your spouse (soon to be ex-spouse) wishes to cooperate, then you don’t qualify for a divorce in PR. Remember Rule #2?

In the first option, both parties can submit sworn statements, along with the divorce petition, just as long as they both agree on every single matter related to the divorce (child support, custody, properties, debts, etc.) A court hearing is held, and the resident spouse can testify as to the details of the petition. Since this is a non-adversarial petition, the court usually grants the divorce immediately. When couples get along, this is the fastest, cheapest and best option.

But sometimes couples don’t always get along, so we arrive to our second option, which is filing for a divorce “the old fashioned way”. If your situation falls into one of the causes for divorce in Puerto Rico: Cruel Treatment, Abandon, Separation (for more than 2 years), Adultery, Substance or Alcohol Abuse, Incurable Mental Ilness (for more than 7 years), and several others…), then you HAVE to go through the whole process. A lawsuit, summons, hearings, the whole deal…. If the resident spouse is willing to testify, then maybe, and only maybe you won’t have to travel to PR. Why maybe? Because the court can summon the petitioner at any moment. This is rare, but it does happen. I usually advise my clients whose only option is to file for a regular divorce, either because they can’t locate their separated spouses, or because they have substantial assets or properties in PR, to buy an airplane ticket for when the hearing (which is usually just one) is set. This way, you can come in, attend the divorce hearing, spend a night or two in Puerto Rico, enjoy the beaches and the sun, and leave divorced. Aside from that, there aren’t too many options to file for a divorce in Puerto Rico…

Of course, you can always file for a divorce in your home state, but I can’t write on that, since the title on the top of this web page has “Puerto Rico” written on it.