Divorce - Irreparable Break-up (ruptura irreparable)
This type of divorce is one of the most common in Puerto Rico because the process is usually simple and fast.
Hire a Lawyer to explain the legal process, specially if it involves ChildrenThe divorce under this grounds, is a simple process but one that has to be established in court nonetheless. The only element you have to clearly establish is that you do not want to remain married to your spouse and that the factors that made you want to commit in marriage to your spouse do not exist anymore. This seems simple enough, however if the parties have children under the age of 21, the plaintiff can request in the same divorce petition for the court to establish child support, as well as request custody of the children.
Process when there are no ChildrenThe lawyer will file a petition for divorce, stating the grounds for it. Once the other party is notified according to PR civil procedures rules, he/she will have 30 days to respond to the petition. If the other party does not reply, or requests an extension to reply within the 30 days, the plaintiff can request the divorce hearing in absentia of the other party. In the court hearing, the lawyer will ask the questions regarding the desire to end the marriage, without giving extensive reasons beyond the desire to end the marriage. The judge will grant the divorce by default.
Process when there are Children involved.The process is basically the same as above, except that the Divorce petition will include a request for child support and custody if thats what the plaintiff desires. The court will refer the child support request to the Child support Examiner and the divorce process will go on. Usually the divorce will be final before the child support order, except if there is an agreement about it. Usually the court will give the custody to the parent requesting if there is no objection from the other parent. If there is a controversy regarding custody it will be referred to the Family Relations office.
AssetsThis divorce will not affect the assets acquired during the marriage. If the parties want to liquidate assets, they have to file a new lawsuit to do so. This divorce and any other divorce in Puerto Rico, except for the divorce done by mutual consent, will not make any determination regarding the couples' assets.