Legal Question in Family Law in Puerto Rico

Divorce from Mentally ill in Puerto Rico

Hello,

I am writing to ask a question to decide whether or not its worth going forward with my situation.

I read on a website that mental illness after the marriage is grounds for divorce in Puerto Rico- especially if it is impossible to live with the person.

Is it true that if you divorce the ill person, you UST provide them with a secure home?

Can�t it be possible to just pay some sort of alimony?

There is a child involved (16), and a high amount of money (in the 6 figures) in addition to property.

The ill person is not fit to care for the child, so no child support would be involved.

Is it possible to just leave the value of the property to the ill person as a settlement and forget the alimony?

My question is basically this�is it true that I would have to be personally responsible for this personb for the rest of my life???

Please advise,

Confidential matter.

JH


Asked on 12/14/03, 12:08 am

1 Answer from Attorneys
Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Divorce from Mentally ill in Puerto Rico

The person that is not ill may divorce the mentally ill person under the Puerto Rico Civil Code. The person that is not ill may incur in some alimony liablity, but this is not necessarily so. Alimony liability will nonetheless be limited to certain basic needs of the ill person. The matter is essentially whether the ill person will be taken care of, but you may negotiate a manner in which to do this, without intervening directly with the individual's care. Additionally, most probably a public defender will be appointed once it is established, for purposes of the divorce, that the individual is mentally ill. However both matters, divorce and alimony, are not co-dependent, although related.

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Answered on 12/15/03, 3:15 pm


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