DIVORCE BY MUTUAL CONSENT IN PUERTO RICO

When starting this practice, we begin by defining what mutual divorce is.
consent in Puerto Rico, highlighting its differences and similarities with the legislation of
Dominican Republic.

The divorce by mutual consent is nothing more than the dissolution of the bond.
matrimonial, which always has a cause that has led to the breakdown of the
marital relationship that the spouses do not want to express or air in public.

The legal basis of this legal figure is contained in law 192-11, of

August 18, 2011, which states as causes for divorce, those recognized by the
Civil Code of Puerto Rico, which we will mention later.

Causal factors:

1- Separation for more than two years.

Cruel treatment and serious injuries
Adultery
Abandonment
5- Absolute sexual impotence
6- Intoxication or habitual use of drugs
Incurable madness
Corruption of the children
9- Proposal of prostitution made by one spouse to another.
10- Conviction for a felony of one of the spouses
Mutual consent
12- Irreparable rupture

Comparative analysis of the regulations on divorce by mutual consent or

mutual agreement within the legal framework of the countries of Puerto Rico and the Dominican Republic.

Causes with similarities of this legal figure in both countries:

Puerto Rico Dominican Republic

—Mutual Consent Mutual Consent
Adultery Adultery of anyone of the
conjugates
Abandonment Voluntary abandonment of one of the
spouses of the household
Intoxication or habitual use of drugs of - Constant intoxication of one of the
 one of the spouses spouses of habitual or excessive use
of narcotic drugs
—Sentence for serious crimes of one of the —Conviction of one of the spouses to
spouses a criminal sentence
Cruel treatment and serious insults —Serious offenses or injuries committed by
one of the spouses against the other

Different causes in the regulations of both countries.

Puerto Rico Dominican Republic

Separation for more than two years incompatibility of characters
Absolute sexual impotence Absence
Incurable madness
Corruption of the children
prostitution proposal made by a
conjugate to another.
Irreparable rupture

Procedure

To file for divorce for any of these reasons, the presentation of a

divorce petition by the applicant and the subsequent justification in court of
the cause that corresponds through the submission of evidence.

For example, separation for more than two years requires proof of intent of
interrupt ordinary life, the fact that people have actually lived separately
for the prescribed term and that the separation has been voluntary, not because it has been forced
one of the spouses to leave the home.

Another example is abandonment; this cause requires proof that one of the spouses
I voluntarily left the home for a period of more than a year after informing him/her.
another spouse clearly expressed their intention not to return home.

It is important to note that each cause requires a specific proof from the party
the applicant has to present to the court. This is why the person who wishes to get a divorce
You have to discuss with a lawyer the reason that justifies the divorce.

Regarding divorce by mutual consent, this cause occurs when the parties agree
Agreed to divorce because they cannot continue living together.

In this case, the parties do not have to present evidence to the court regarding the intimate reasons.
what each has for the divorce, a stipulation document is presented that
demonstrate that they have reached an agreement regarding:

1- How and by whom the custody and parental authority of the children will be exercised
minors.
 2- How will the father and mother relate to their minor children?

3- The child support for minor children, or what is required, according to

with the circumstances, one of the spouses.

4- How will the properties be distributed among them?

It is important to emphasize that if these stipulations are not given, the court must
ensure that such stipulations are appropriate because they address the rights of
each of the parties and that there is a real intention to fulfill them. If they are not accepted by the
divorce proceedings are halted.

The stipulations constitute a kind of contract between the parties that they are obligated to.
to fulfill. Therefore, it is advisable that each party is represented by their lawyer or
lawyer.

Requirement of residence to get a divorce

In order for a couple to divorce in Puerto Rico, regardless of where

they got married, they must have established residence on the island for a minimum term of
a year. Before filing for divorce; that is, having established the home in
Puerto Rico with the intention of staying here and returning whenever one goes outside
until a new residence is established.

Demand and response

Once a divorce petition is filed and the defendant is served, they have
a time period of 20 days to respond in general or 30 days if the person
summoned by edicts. The defendant must respond to the complaint, either by accepting the
facts that are alleged in it or denying those that are not true and opposing the
defenses that proceed.

If the defendant does not respond in time, they can be noted for rebellion: that is, it means
that the court may presume that the defendant party accepts with their silence what is
He/she will rule in the lawsuit and may proceed to issue a judgment in favor of the plaintiff.

Counterclaim: in responding to the lawsuit, the defendant could also counterclaim.

to file a counterclaim in which the facts upon which the court
should issue the divorce decree in your favor and not in favor of the party that presented the
original demand.

Reconciliation view: when the divorce demand is based on the cause of cruel treatment or
of abandonment, and there are minor children, the court summons the parties to a special hearing
which is called 'conciliation'. Its purpose is to see if the parties can overcome their
differences in the interest of minor children and marriage. If the parties do not
reconciliation, the divorce proceedings continue.
Determination of fault: Any divorce decree that is not by consent.
mutual or by separation, must indicate which of the spouses was, in the opinion of the Court,
guilty of the breakdown of the marriage. This determination is important because in that
In this case, the other party, recognized as the innocent spouse, has the right to request
a child support payment whenever the circumstances justify it, both at the time of
divorce as in the future. The spouse guilty of the marriage breakdown would not have
never a right to claim alimony from their ex-spouse even if they may need it.

Recommendation: In this case, I do not have a recommendation on what to do about it, by virtue of...
that I did not find any transcendent element that can be applied in our
legislation.

DIVORCE BY MUTUAL CONSENT IN THE

DOMINICAN REPUBLIC VERSUS COSTA RICA.

Divorce by mutual consent in the Dominican Republic.

It will not be admitted unless after two years of marriage, nor will it be admitted afterwards.
of thirty years of life together, nor when the husband is sixty years old and the wife
fifty.

Divorce by Mutual Consent in Costa Rica.

It will not be accepted unless three years of marriage, this period aims to temper the possibility.
of passionate and light decisions made by young couples over the course of three years
it is of public order and therefore non-waivable.

Procedures for obtaining a Divorce by Mutual Consent in the Republic

Dominican Republic.

The spouses shall be obligated before presenting themselves to the judge who must hear the claim.
formalize an inventory of all movable and immovable assets if any.

2- To agree on who among them would take care of the children born from their union, during the
procedures and after the divorce has been pronounced.

3- Agree on which house the wife should reside in during the procedure and what is the
amount that must be provided as alimony to the wife while the proceedings are ongoing
terms and pronounce the final sentence.

All these conventions and stipulations must be authorized by an authentic deed.

 Once the above formalities have been fulfilled, the couple will be personally represented.
by an authorized representative with authentic power and provided for the acts in which the stipulations are recorded
in reference to the present article as well as a copy of the marriage certificate,
and the birth certificates of the children born during the marriage. They will be presented.
to the first instance judge of their domicile, declaring that they intend to separate
by mutual consent and for this purpose they request a formal provision to establish their
demand.

Procedures for obtaining a Divorce by Mutual Consent in Costa Rica.

The spouses who request divorce by mutual consent as well as those who obtain it
separation by mutual agreement must submit to the court the application for dissolution of the
marital bond, an agreement in public writing this convention must regulate the
property and extra-property consequences of divorce and must necessarily
refer to at least the following points:

1- To whom do the guardianships, upbringing, and education of minor children correspond.

Which of the two spouses assumes the obligation to support the children or the
proportion in which both are bound.
3- Amount of the pension that one spouse must pay to the other if they agree.
4- Property regarding the assets of both spouses.

This pact will be void until the approval of the separation is pronounced.

What has been agreed regarding the children may be modified by the Court.

The agreement and the separation are acceptable and do not harm the rights of the minors.
They will be approved in the considered resolution. The spouses must present themselves to the court.
In addition to the testimony of the public writing we referred to earlier, a request or
divorce petition by mutual consent that should not be confused with that one.

LEGAL BASIS OF THE LEGAL FIGURE TO WORK

IN DIVORCE BY MUTUAL CONSENT IN COSTA
RICA.
1- The family court of residence.

Legal Basis of the Legal Figure to Work in Mutual Divorce

Consent in the Dominican Republic.
1- Court of first instance of domicile

Procedures in Costa Rica.

The procedure to carry out the divorce by mutual consent requires the spouses to
to present before the corresponding family court and in a public deed the following
information

To whom does the guardianship, upbringing, and education of minor children correspond?
Which of the two spouses assumes the obligation to support these children or in proportion.
in which both are obliged.

Amount of the pension that one spouse must pay to the other if they agree.

Property over the assets of both spouses.

This pact will not be valid until the approval of the separation is pronounced.

The agreement regarding the children may be modified by the court.

The agreement and the separation are admissible and do not harm the rights of the minors.
They will be approved in the considered resolution.
The spouses must present to the court, in addition to testimony of the public deed, to the
that we have previously referred to a request or petition for divorce by mutual consent
which should not be confused with that

The difference that exists between both countries

In Costa Rica, to get a divorce by mutual consent, there is a separation.
Judicially, there is no judicial separation in the Dominican Republic.

The Similarity.
In Costa Rica, for mutual consent to take place, the interest takes precedence.
superior to the minor children, as in the Dominican Republic as well.

Recommendation.
In the Dominican Republic, when pronouncing the final divorce, one must wait ten.
months to remarry and in Costa Rica there is immediately a sentence
A divorce decree allows one to remarry the next day. It should be the same as in
Costa Rica.