Puerto Rico

Divorce Preparation in Puerto Rico: Step 1 - Find a good lawyer

By Christian M. Frank Fas

Although you absolutely might not need an attorney to obtain a divorce in Puerto Rico, it’s always a good idea to retain one for the financial repercussions a divorce may entail.

A couple with no children, no properties, no substantial debs, that have married relatively recently, who get along, could obtain a divorce by just filing a Mutual Consent Petition on their own. All they would need is to print the form, fill it out and file it in the nearest Superior Court. In just a few weeks, the court will notify them of a hearing, to which they will both appear before a judge, and in 30 days, continue with their lives just as they had before getting married.

On the other hand, the inherent complications of child custody, child support and visitation rights of the non-custodial parent, real estate property divisions, and debt distributions of the Marital Communal Property between both spouses are best left to a competent professional. A couple that gets along pretty well, is able to sit down and converse in a civilized and orderly way, and is able to reach an agreement and follow through on it on all the details of their separation is certainly able to divide both properties and debts in common. On the contrary, when both disagree the repercussions of hurriedly negotiating with the other spouse, or agreeing to all the terms the other spouse offers just to “get it out of the way” can have dire consequences which may last many years.

For these reasons, hiring a competent specialized attorney who has dealt with divorce matters before is always good practice. In general, due to the complexity of a divorce, this legal matter requires certain attributes you should look for before hiring legal counsel. Usually, clients prefer an aggressive and pushy lawyer. During a divorce, it is best to be both strong and flexible, and willing to reach sensible agreements along the way, as well as setting smaller milestones along the negotiation process. An inflexible and obstinate attorney will hinder the free flow of these negotiations, and in divorce cases this seemingly trivial minutia may stalwart the complete process.

Deciding who gets the house might be easy, but choosing who gets the CD collection or the pets might prove harder to divide.

It’s always better to settle these details outside of court, instead of clogging the already heavily taxed legal system with the small stuff. After all, fighting over everything just delays the inevitable. The ideal divorce attorney needs to be both litigator and negotiator, can listen to the other party’s demands as well as defend his client’s, is able to establish a dialogue, can take the first step towards reaching out, but at the same time be willing to fight for his client’s rights in court.

Being flexible is the best attribute of a good divorce attorney.

Custody and Child Support are also best dealt with outside of court, since children never benefit from a draw out battle between parents. Having to deal with a divorce on their own is hard enough, and exposing them to a rigid and impersonal legal system may leave lifelong emotional scars. Another good example of how reaching an out of court settlement is a good idea is when running businesses are involved. A running business can’t just stop, divide, and then continue. It can’t close for a few months while the court decides who gets what. Besides harming the business irreparably, why shut down a perfectly successful business while the divorce is decided on, when both spouses can benefit from the same business?

This is exactly why finding a good lawyer is so important. An experienced attorney, with a flexible but objective attitude to negotiate will guarantee that you lifelong labor won’t come crumbling down just because you’re going through a divorce. After all, life keeps going, and so can you. Why not keep going better than when you married?

Full post as published by Puerto Rico Law Blog on September 20, 2008 (boomark / email).