Guide to Uncontested Divorce in Puerto Rico

Uncontested / Simple Divorce in Puerto Rico: A Plain-English (Bilingual) Guide

Thinking about ending your marriage is never easy. On top of the emotions, you’re suddenly dealing with Spanish legal terms, new paperwork, and a court system that works a little differently than the U.S. mainland.

This guide explains how a simple, uncontested divorce in Puerto Rico usually works for cooperative couples, especially the most common path, Divorcio por Consentimiento Mutuo (Divorce by Mutual Consent). We’ll also explain Ruptura Irreparable (Irreparable Breakdown) and the unique role of the Abogado-Notario (Attorney-Notary) in Puerto Rico.

Important disclaimer: PlainDivorce is not a law firm. This article is general legal information, not legal advice. Court rules, forms, and fees can change. Always verify details with the Poder Judicial de Puerto Rico (Judicial Branch of Puerto Rico) or a qualified Puerto Rico attorney before you file.

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1. What Is an Uncontested or Simple Divorce in Puerto Rico?

In Puerto Rico, you may not see the English phrase “uncontested divorce” on official paperwork. Instead, many cooperative cases fit under two modern, no-fault concepts:

• Divorcio por Consentimiento Mutuo (Divorce by Mutual Consent): both spouses agree and move forward together.
• Ruptura Irreparable (Irreparable Breakdown): the marriage is broken beyond repair (sometimes filed jointly, sometimes started by one spouse and not contested by the other).

A “simple” or uncontested case generally means you and your spouse are not asking the judge to resolve a fight about the big issues. Instead, you submit a written agreement, commonly called an Estipulación (Stipulation), covering children (if any), support, and property/debts, and the court reviews it before issuing a Sentencia (Judgment).

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2. Who Qualifies for a Simple Divorce in Puerto Rico?

2.1 Residency requirement (the rule most people miss)

For a divorcio por consentimiento mutuo, the Judicial Branch explains that at least one spouse must have lived continuously in Puerto Rico for one year before filing the petition (with limited exceptions in certain situations).

Practical tip: If you recently moved to Puerto Rico, confirm residency carefully with the official guidance or the court before you spend time preparing paperwork.

2.2 Grounds (what you’ll see in real life)

For cooperative couples, the most common “plain English” paths are:

• Consentimiento Mutuo: you both agree to end the marriage and present your agreements.
• Ruptura Irreparable: you agree the marriage cannot be repaired (or one spouse files and the other does not contest).

Because this guide is designed for “simple” cases, we won’t list every possible ground or every specialized form. But we will show you the key terms so you can recognize the correct path when you use official resources.

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3. Step-by-Step: Mutual Consent Divorce (Divorcio por Consentimiento Mutuo)

This is the path many English-speaking users are looking for because it’s typically the most cooperative route. Most cases follow this general flow in the Tribunal de Primera Instancia (Court of First Instance).

Step 1 – Confirm you’re truly “mutual consent”

• Both of you agree the marriage should end.
• You can reach written agreements (or already have them) about children, support, and property/debts.
• No one is being pressured or intimidated (safety first).

Step 2 – Prepare your Estipulación (agreement)

In practice, the Estipulación (Stipulation) is the heart of a “simple” case. It explains how you will handle:

• Children (custody/parenting time), if applicable
• Child support and (if applicable) spousal support
• Division of assets and debts (or confirmation there’s nothing to divide)

Step 3 – Complete the official OAT forms (the exact form numbers matter)

The Judicial Branch publishes official divorce forms (OAT). For consentimiento mutuo, the petition form depends on whether you have children and whether you have marital property (“bienes”) to divide. The official options include:

• OAT 1470: Petición de Divorcio por Consentimiento (sin Hijos y sin Bienes)
• OAT 1471: Petición de Divorcio por Consentimiento (sin Hijos y con Bienes)
• OAT 1472: Petición de Divorcio por Consentimiento (con Hijos y sin Bienes)
• OAT 1473: Petición de Divorcio por Consentimiento (con Hijos y con Bienes)

The official checklist also commonly includes a companion motion requesting the court set a hearing date, such as Moción Solicitando Señalamiento de Vista (OAT 1484).

Step 4 – Assemble the required “hard stop” attachments

For a mutual consent filing, the Judicial Branch describes a required document package that typically includes:

• Petition with sworn stipulations (often using one of the OAT petition forms above)
• OAT 1484 (Moción Solicitando Señalamiento de Vista), as applicable
• A copy of the Marriage Certificate (Certificado de Matrimonio)
• If applicable, a copy of children’s Birth Certificates (Certificado de Nacimiento)
• If applicable, PIPE: Planilla de Información Personal y Económica (OAT 435) for each spouse
• If applicable, a copy of capitulaciones matrimoniales (marital agreements)
• Valid photo ID for each spouse

Important: The official guidance says “copy” (copia) for certificates, but local practice can vary. If you’re unsure whether a certified copy is expected, confirm with the court office before filing.

Step 5 – File with the correct court office (and pay the $78 “sellos”)

Mutual consent petitions are generally presented by both spouses at the court’s filing office (Secretaría del Tribunal). The official procedure also states you must submit sellos de rentas internas totaling $78.00 for the filing.

Step 6 – Court review (often a short hearing, but a paper-only option may be requested)

Often, the court holds a short hearing in mutual consent cases to confirm the agreements were made freely and voluntarily and (when applicable) that children are protected. The Judicial Branch also notes that parties may request a resolución sumaria (a decision without a hearing), but the judge always has discretion to schedule a hearing if needed.

Step 7 – Final judgment (Sentencia)

If everything is in order, the court issues a Sentencia (Judgment). After that, you can request certified copies for records, name-change needs, or any agency that requires proof of divorce.

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4. English ↔ Spanish: The Terms That Make Puerto Rico Divorce “Click”

Here’s the quick language map that helps English speakers navigate Puerto Rico’s official resources:

English (What you search)	Spanish (What you’ll see on forms/court)	Plain meaning
Mutual Consent Divorce	Divorcio por Consentimiento Mutuo	You both agree and proceed together
Irreparable Breakdown	Ruptura Irreparable	The marriage cannot be repaired
Divorce Petition	Petición de Divorcio (often “por consentimiento”)	The document that starts the case
Stipulation / Agreement	Estipulación	Your written agreement about kids/support/property
Financial disclosure	PIPE (Planilla de Información Personal y Económica)	Standard financial profile (often required when applicable)
Judgment / Decree	Sentencia (Sentencia de Divorcio)	The final court judgment ending the marriage
Court of First Instance	Tribunal de Primera Instancia	The main trial-level court where cases are filed
Attorney-Notary	Abogado-Notario	In PR, notaries are licensed attorneys with notarial authority

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5. The Unique Puerto Rico “Notary” Route (Abogado-Notario) vs. DIY

This is a major difference from most U.S. states: Puerto Rico has a civil-law notary system, and a person who practices as a notary is typically an attorney with notarial authority. That’s why you’ll see the term Abogado-Notario (Attorney-Notary).

Puerto Rico also recognizes Divorcio en Sede Notarial (a notarial divorce route) for certain uncontested situations. The Judicial Branch explains that both parties must have a lawyer and a notary, and the divorce is executed through an Escritura Pública (public deed). In other words, this is not a DIY “walk in and get a stamp” process.

Practical takeaway: If you are comparing court filing vs. notarial divorce, build your plan around (1) professional services required for the notarial route and (2) the court’s required forms and attachments for the court route.

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6. Special Issues When You Have Children

If you have children, the court focuses heavily on the child’s best interests. Even in a mutual consent case, your Estipulación should clearly address:

• Where the children will live and how parenting time works
• How major decisions will be made (education, medical, etc.)
• Child support and how extra expenses will be handled
• Health insurance and medical expenses, where applicable

PIPE note: When required in your situation, the court’s checklist includes the PIPE (OAT 435) for each spouse, which is one reason “missing financial paperwork” can delay a case with children.

If you cannot agree about children, the case may stop being “simple,” and you should strongly consider getting legal help before you sign or file anything.

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7. How Long Does an Uncontested Divorce Take in Puerto Rico?

There is no single guaranteed timeline. In cooperative cases, your timing usually depends on:

• How quickly you prepare complete paperwork (especially the Estipulación and any required PIPE forms)
• Whether the court schedules a hearing in your case
• Whether the judge requests corrections or additional documents

A common delay in “simple” cases is incomplete or inconsistent documents, such as missing required attachments, unclear agreements, or mismatched names/dates across forms.

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8. Costs to Expect (Court Fees + Other Expenses)

Even in an uncontested case, you should plan for:

• Mutual Consent court filing: the Judicial Branch describes submitting sellos de rentas internas totaling $78.00 for consentimiento mutuo.
• Other divorce types: the Judicial Branch notes that other divorce filings may involve fees around $90.00 (fees can change, so verify before filing).
• Document costs: fees to obtain copies of the marriage certificate and (if applicable) children’s birth certificates.
• Professional services: if you use an attorney, translation help, or the notarial divorce route (which requires a lawyer and a notary).

Always verify the latest fees and accepted payment methods with official court sources right before you file.

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9. Where a Self-Help Divorce Kit Fits Into the Process

Puerto Rico’s official forms are typically in Spanish, which is a major barrier for English speakers. A good self-help kit can help you:

• Understand the process using bilingual explanations (English plus the Spanish legal terms)
• Organize your documents and agreements before filing
• Avoid common mistakes that trigger court rejections or delays (missing attachments like PIPE when applicable)
• Know when you may need professional help (especially involving children or the notarial route)

Download Our Puerto Rico Uncontested Divorce Self-Help Kit

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10. Final Thoughts + Next Steps

If you and your spouse are cooperative, Divorcio por Consentimiento Mutuo is often the most straightforward court path, especially when you understand the Spanish terms and prepare a clear Estipulación with the right supporting documents.

Next steps most people take:

• Confirm residency eligibility (the one-year rule for mutual consent cases)
• Decide whether your case fits consentimiento mutuo or ruptura irreparable
• Write and finalize your Estipulación
• Use the latest official OAT forms (OAT 1470–1473, and PIPE OAT 435 when applicable)
• Gather the required certificate copies and valid photo IDs
• Verify filing fees and the exact filing steps with the court office before you submit

Finally: PlainDivorce is not a law firm and cannot provide legal advice. If anything feels unsafe, unfair, or confusing, especially involving children, property, or pressure, talk to a Puerto Rico family-law attorney before you sign or file anything.