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Divorce

In Puerto Rico, a marriage can be dissolved by 12 different factors, including:

1. Adultery
2. Conviction of one of the spouses for a felony.
3. habitual drunkenness or the continued and excessive use of opium, morphine or other narcotics.
4. Cruel Treatment
5. Abandonment for a year or more time
6. Incurable Erectile Dysfunction developed after the marriage.
7. When one spouse prostitutes or corrupts their children.
8. Proposal or Intent of husband to prostitute his wife.
9. Uninterrupted Separation for over 2 years.
10. Incurable Insanity for over 7 years
11. Mutual Consent
12. Irreparable Rupture or break

Although there are 12 causes of divorce, the two most common causes of divorce are Irreparable Rupture and Mutual Consent. The main reason behind this is the benefit of privacy, since with these type of divorces, the spouses only have to demonstrate they want to get divorced.

In a mutual consent divorce, both spouses need to agree to the petition, which has to contain everything related to child support, custody, visitation rights, division of assets, and spousal support if it applies. This is the only type of divorce where the division of assets takes place. This is also the quickest and less expensive divorce.

In an Irreparable Rupture divorce, usually one spouse wants to divorce and the other doesn’t; or both want to divorce but cannot come to an agreement in other matters such as child support or the division of assets. The only thing that needs to be proven to court is that the Plaintiff, who filed for divorce, doesn’t want to remain married to the other spouse. Matters such as child support, custody and visitation rights, are referred to the appropriate examiners to proceed with. The divorce hearing does not depend on these matters, since the divorce could be final but the child support or custody proceedings could still be going on. As with the other 10 types of divorces, excluding mutual consent, the division of assets has to take place in a different civil action.


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