Puerto Rico Family Laws

At least one spouse must have resided in Puerto Rico for at least 1 year before filing for divorce. This requirement may be waived if the grounds for divorce arose in Puerto Rico or while both spouses were residing there.

In Puerto Rico, the divorce proceeding only dissolves the marriage. Division of marital property (liquidation of the sociedad de bienes gananciales) and custody matters are handled in separate proceedings unless resolved by mutual consent stipulations.

Puerto Rico recognizes no-fault divorce on two grounds: (1) irretrievable breakdown due to irreconcilable differences (filed by either spouse), and (2) mutual consent (joint petition). Mutual consent divorces require stipulations covering assets, debts, custody, child support, and property division.

All property acquired during the marriage belongs to the community property partnership (sociedad de bienes gananciales) regardless of which spouse holds title. Upon divorce, community property is divided. Property owned before marriage or received by gift or inheritance remains separate property.

Courts determine custody based on the best interests of the child, considering factors including each parent's relationship with the child, the child's adjustment, stability, and any history of domestic violence or abuse.

Puerto Rico uses an income shares model. Both parents' net incomes are combined, each parent's proportional share is calculated, and that percentage is applied to the base support amount for the number of children. ASUME (Child Support Administration) administers enforcement.

Courts may award spousal support based on the requesting spouse's need and the other spouse's ability to pay. Factors include the standard of living during marriage, duration of marriage, age, health, and earning capacity of each spouse.

Victims of domestic violence can petition for protective orders requiring the abuser to leave the home and stay away. Puerto Rico treats domestic violence as a crime with escalating penalties for repeat offenses.