Legal Question in Family Law in Puerto Rico

Puerto Rican couple divorcing in Georgia

I am Puerto Rican, stationed in Georgia, and want to divorce my Puerto Rican wife. She and my son have been living here for the past 7 months and I for 1.5 yrs. We got married 3 years ago in Puerto Rico and now that I am here want it done. Do I have to go to Puerto Rico to get the divorce or even have the papers signed? She is not in the military but heard about the military family counseling. I am thinking about doing this only to please her, but can I decide to skip this or is this a part of the process? Also explain how separation and divorce work in my situation. Also can she be forced to divorce me if she refuses? Please help.


Asked on 12/22/02, 2:49 am

2 Answers from Attorneys

Julio C. Alejandro Julio C. Alejandro Serrano Attorney at Law

Re: Puerto Rican couple divorcing in Georgia

You have resided outside of Puerto Rico in excess of a year, so I am pretty sure that no Puerto Rican court will excercise jurisdiction in your case. However, if you want to gie it a try... You should be able to divorce your wife without engaging in the whole counseling effort. However, family counseling and encouragement to seek such assistance will be required from almost any lawyer, judge and social worker that may handle your case. If your wife does not want to divorce you, then you must qualify for one of the contentious divorce categories, which are amongst other: adultery, cruel and unusual treatment, abandonement etc... There is still another way. The governor of Puerto Rico recently divorced her husband through the irreconcileable differences doctrine, a one sided approach to divorce, and nobody seems to mind. However, due to the fact that you currently reside in Georgia, you should try to divorce through Georgia law as it may be less onerous to you. That is the most plausible approach since, depending on the Georgia conflict of laws statute, you may even be able to apply Puerto Rican Law in the Georgia courts.

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Answered on 12/26/02, 6:08 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Puerto Rican couple divorcing in Georgia

You can get a divorce in GA. However, there is no way to completely answer your question in this type of format. You should consult with a local attorney.

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Answered on 1/12/03, 11:39 am


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