Legal Question in Family Law in Puerto Rico

Re: Married or Not?

If your husband was married in PR he could obtain a divorce judgment in PR at any time, provided that he lived in PR the year before the filing. So, provided that a divorce petition was ever filed in PR, there seems to be case law in PR that suggests that the economic endeavors of each "divorcee" will be for his own and exclusive benefit. Therefore, the divorce will have effect as of the date it becomes firm and unappealable, but you could have an argument with regards to the economic ties that you and your current "husband" have entered. However, there is no question that the divorce decree will only be effective as of the date that it becomes firm and unappealable. And there are no facts that suggest that an annulment will be available.

Re: Married or Not?

Your marriage is not legal. However, this is not a serious problem. There are two possibilities for resolving this problem. First he can complete the divorce and then the two of you can marry. California has a provision for a confidential marriage statute. The records of such marriages are not open to the public. Second your husband can file a motion with the court requesting that the judgement disolving the marriage be entered Nunc Pro Tunc, that is the judgment is entered now but is effective as of a date prior to your marriage. This would make your marriage.